Terms of Service

1.Agreement and acceptance

These Terms of Service (the "Terms") are an agreement between you and The Day Company LLC, a Washington limited liability company with a mailing address at 100 N Howard St Ste R, Spokane, WA 99201 ("The Day Company," "we," "us," or "our"), operating theday.company (the "Website") and the related eligibility check, communications, and services (together, the "Service"). We have operated since March 2023.

How you accept. You accept these Terms by checking the consent box and submitting our eligibility form — which also constitutes your electronic signature under the federal E-SIGN Act (15 U.S.C. § 7001) and the Illinois Uniform Electronic Transactions Act — or by using the Website. Our Privacy Policy is incorporated into these Terms by reference. If you do not agree, do not use the Service.

Eligibility. The Service is intended for individuals who are 18 or older, located in the United States, and using it for personal, non-commercial purposes. It is built for Illinois homeowners in ComEd and Ameren Illinois service territories; the Website is publicly accessible, and if you use it from elsewhere, these Terms still apply to your use. By submitting property information, you represent that you own the property or are authorized by the owner to submit it.

2.Changes to these Terms

We may amend these Terms prospectively only. Amended Terms take effect on the effective date we post, and for material changes we will provide at least thirty (30) days' advance notice — by email where we have an address for you, and by a notice on the Website.

Your existing rights are protected. No amendment applies to any dispute that arose, or any claim that accrued or of which we had notice, before the amendment's effective date. No amendment to Section 13 (Dispute Resolution) applies to any dispute of which either party had notice before its effective date — and any material change to Section 13 restarts your 30-day arbitration opt-out right (Section 13.9) from the date of our notice. Your continued use of the Service after the effective date constitutes acceptance of the prospective changes only. Prior versions of these Terms are archived and available on request.

3.What we are — and what we are not

What we are. The Day Company is an independent Illinois solar and battery information resource and lead-generation service. We publish sourced, dated information; we operate a free eligibility check; and, when a homeowner's property is a genuine fit and the homeowner agrees to an appointment, we refer that homeowner to one installation partner. We are compensated by that installation partner — our business model is described in plain English on our About page.

What we are not. We are not a solar installer, contractor, seller, designer, engineer, manufacturer, lender, broker, insurer, or utility, and we do not perform home repair or remodeling. We sell no goods or services to consumers, we prepare no quotes, and we are not a party to any purchase, lease, power-purchase, or financing agreement you may later sign with the Installation Partner or anyone else. We do not provide tax, legal, financial, or engineering advice — for example, the federal residential clean-energy credit (26 U.S.C. § 25D) does not apply to expenditures made after December 31, 2025, and how any incentive applies to you is a question for your own tax professional.

No affiliation. The Day Company is not affiliated with, endorsed by, or acting for ComEd, Ameren Illinois, the Citizens Utility Board, Illinois Shines, the Illinois Power Agency, the Illinois Commerce Commission, the Illinois Solar for All program, the IRS, PJM, or MISO. Utility and program names identify service territories and public programs only. We are not an Illinois Shines Approved Vendor, we do not administer any incentive program, and we do not guarantee the availability, capacity, or value of any program, block, rebate, or credit.

3.1 Plain definitions

• "Eligibility Check" — our free questionnaire that helps determine whether a solar and battery review makes sense for a specific home. It is informational; it is not an application for credit, a quote, or a purchase.
• "Review Team" — our internal personnel who review Eligibility Check submissions.
• "Installation Partner" — the single solar installation company to which we transfer your information after you agree to an appointment, as described in Section 4 of our Privacy Policy. Its identity is provided to you before or at your appointment and is available any time on request.

4.The Eligibility Check and how the Service works

When you submit the Eligibility Check: (a) your answers go to our Review Team only; (b) if the basics line up and you agree to an appointment, we transfer your information to the one Installation Partner selected for your home so it can prepare for and conduct the review you asked for; and (c) if your home is not a fit, we tell you so — sometimes pointing you toward alternatives such as community solar. Submitting the Eligibility Check creates no obligation to buy anything, switch suppliers, or sign anything. How your information is handled — including the one-partner rule and our currently inactive business-to-business program — is governed by our Privacy Policy.

Your information must be accurate and yours to give. You agree that the information you submit is truthful; that the property information concerns a home you own or are authorized to represent; and that the telephone number and email address you provide are your own. Submitting another person's contact information without authority, or fabricated information, is a material breach of these Terms.

5.Consent to be contacted — calls and texts

5.1 Your consent

The Eligibility Check includes an unchecked consent box. By checking it and clicking submit, you sign electronically and provide your prior express written consent for The Day Company and — if you book an appointment — the one Installation Partner selected for your home, to contact you at the telephone number and email address you provided about your inquiry: by live telephone call and by text message, including texts sent with automated technology. This consent applies even if your number appears on a federal, state, or internal Do-Not-Call registry. Consent is not a condition of any purchase. You may revoke consent at any time (Section 5.3).

5.2 How we actually contact you

5.3 Revoking consent

Reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any text; use the unsubscribe link in any email; tell us on any call; email [email protected]; or use any other reasonable means that clearly expresses your request. We work to honor revocations immediately, and never later than ten (10) business days after receipt. Full details are in Section 8 of the Privacy Policy.

5.4 Consent records; reliance by the Installation Partner

We keep records of your consent — including the form as it was presented to you, its date and time, and your responses — for at least five (5) years, and we may provide the Installation Partner with evidence of your consent so it can demonstrate that contacting you is lawful. The consents in this Section 5 are made for the benefit of The Day Company and of the Installation Partner, which may rely on and enforce them as described in Section 15.3.

6.In-home appointments

In-home reviews happen only after you book them. The Installation Partner's representative arrives for the appointment you scheduled, at the time you picked — we do not send anyone to your door unannounced. You control access to your home, and either side may reschedule or cancel an appointment.

The Installation Partner is an independent company. Its personnel are not our employees or agents. Its conduct, statements, pricing, products, system designs, quotes, financing, contracts, workmanship, and warranties are its own responsibility, and any purchase, lease, power-purchase, or financing agreement is between you and the Installation Partner (or its financing providers) — with its own terms, including any cancellation rights that apply to in-home sales under Illinois law. We are not a party to that agreement, and claims about it should be directed to the Installation Partner. Nothing in this section limits any non-waivable right you have under applicable law.

7.Calculator, estimates, and content — no guarantees

The Website's calculator produces illustrative estimates only, built from assumptions you control. Its outputs are not a quote, a savings guarantee, a production forecast, or a promise of payback or return on investment, and they do not include system price, financing, taxes, or incentives. Your real numbers depend on your home, roof, usage, system design, and final terms with whoever you buy from.

We work hard to keep published figures sourced, dated, and accurate — our sourcing rules are public at Editorial Standards, and errors can be reported through Corrections. But rates, tariffs, incentives, and programs change, sometimes quickly; every figure is point-in-time as of its stated review date, and we do not warrant that any content is complete, current, or error-free. Verify current rates with your utility or the Citizens Utility Board before making decisions.

8.Acceptable use and intellectual property

8.1 Using the Service

You agree to use the Service lawfully and for its intended personal purpose. You will not: interfere with or disrupt the Service; probe, scan, or test its security; bypass access controls; harvest data about other users; submit malicious code; or use the Service to send unlawful communications. Submitting contact information you are not authorized to provide, or manufactured submissions made for the purpose of generating legal claims rather than obtaining the Service, is unauthorized use.

8.2 Our content and marks

The Website's content, design, code, text, graphics, and the "The Day Company" name and marks are owned by us or our licensors and are protected by intellectual-property law. We grant you a limited, revocable, non-exclusive license to access and use the Website for personal, non-commercial purposes. If you believe content on the Website infringes your copyright, email [email protected] with the details required by 17 U.S.C. § 512(c)(3).

8.3 Automated access, indexing, and AI

We want to be cited. Good-faith crawling, indexing, caching, retrieval, and quotation of the Website's public pages by search engines and AI assistants — for the purpose of generating answers that attribute or link to theday.company, consistent with our robots.txt — is welcome and permitted. What is not permitted: using Website content to train, fine-tune, or develop any machine-learning or artificial-intelligence model, or systematically reproducing, scraping, or redistributing the Website's content wholesale. Permission to crawl or index is a limited license for indexing and citation only — it does not grant permission to train.

9.Reviews, feedback, and testimonials

Your right to review us is untouchable. Nothing in these Terms restricts, penalizes, or discourages your ability to post honest reviews or assessments of our Service anywhere, consistent with the Consumer Review Fairness Act (15 U.S.C. § 45b). We never offer payment, discounts, or anything of value in exchange for a review, and we will never ask you to make a review positive.

If you send us feedback or a testimonial, you represent that it reflects your honest opinion and actual experience, and you grant us a non-exclusive, royalty-free license to use, reproduce, and display it — including your first name, last initial, city, likeness, and voice as they appear in what you submitted — in connection with the Service. This license is your written consent for purposes of the Illinois Right of Publicity Act (765 ILCS 1075). If you change your mind, email [email protected] and we will stop future uses of your feedback.

10.Privacy

How we collect, use, and share your information — including the one-partner rule, Global Privacy Control support, and your opt-outs — is governed by our Privacy Policy, which is part of these Terms. You can exercise privacy choices any time through the Do Not Sell or Share My Personal Information page.

11.Disclaimers of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED — INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you.

12.Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING FROM OR RELATING TO THE SERVICE; AND (B) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE.

What this section does not do. Nothing in these Terms limits or excludes liability for gross negligence, willful misconduct, fraud, or death or personal injury caused by a party's negligence — or limits, excludes, or modifies any right or remedy you have under a consumer-protection or other statute that cannot be limited, excluded, or modified by agreement. The limitations above are an essential basis of the bargain between you and us and apply even if a remedy fails of its essential purpose.

13.Dispute resolution — arbitration agreement and class action waiver

13.1 Agreement to arbitrate

You and The Day Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, the Website, our communications with you (including calls and texts), or your relationship with us — including disputes with the Installation Partner arising from contact made under your Section 5 consents — will be resolved by binding individual arbitration, except as provided in Section 13.2. This agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and survives the end of your relationship with us.

13.2 What is not covered

• Small claims. Either party may bring an individual claim in small claims court — in the county where you live or in Spokane County, Washington, at the filing party's choice. If a small-claims case is transferred or appealed out of small claims court, either party may then require arbitration.
• Intellectual property and unauthorized access. Either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property or unauthorized access to the Service.
• Sexual assault and sexual harassment disputes. Consistent with 9 U.S.C. §§ 401–402, at your election this arbitration agreement and any joint-action waiver do not apply to a dispute alleging sexual assault or sexual harassment — and, as that Act requires, a court (not the arbitrator) decides whether it applies.
• Public injunctive relief. Nothing in these Terms waives any non-waivable right to seek public injunctive relief. If a claim for public injunctive relief cannot lawfully be arbitrated or waived, that claim — and only that claim — may be decided by a court after arbitration of all arbitrable claims is complete.

13.3 Talk to us first

Before starting an arbitration, the party with a dispute will send the other a written, individualized notice describing the claim and the relief sought — to us at the Section 16 address or email; to you at the contact information you provided. For 30 days after the notice, both sides will try in good faith to resolve the dispute, including by a phone or video conference if either side requests one. All applicable limitations periods are tolled during this period. An arbitration may be filed only after this process completes.

13.4 Rules and administrator

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as in effect when the arbitration is filed (available at adr.org). If the AAA is unavailable or declines to administer, the arbitration will be administered by National Arbitration and Mediation (NAM) under its comparable consumer rules; if neither can serve, a court will appoint an arbitrator under 9 U.S.C. § 5.

13.5 Fees and costs

Your filing fee is capped at the amount set by the AAA's consumer fee schedule; we pay all other AAA administrative and arbitrator fees the schedule assigns to us. We will not seek our attorneys' fees or costs from you in arbitration unless the arbitrator determines your claim was frivolous or brought for an improper purpose. The arbitrator may award you attorneys' fees and costs wherever applicable law provides for them.

13.6 Format and location

Arbitration will be conducted on the documents or by videoconference unless the arbitrator determines an in-person hearing is necessary — in which case it will be held at a location reasonably convenient to you, consistent with the AAA's consumer rules. You will not be required to travel to Washington.

13.7 The arbitrator's authority

The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement — except that a court decides (a) the enforceability of the Class Action Waiver in Section 13.8, (b) whether Section 13.2's sexual-assault/harassment provision applies, and (c) disputes about small-claims eligibility. The arbitrator may award the same individual relief a court could, including damages, injunctive or declaratory relief for you individually, and attorneys' fees where the law provides — and must follow these Terms and applicable law. On either party's request, the arbitrator will issue a written, reasoned decision. Judgment on the award may be entered in any court of competent jurisdiction.

13.8 Class action waiver

YOU AND THE DAY COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Disputes will be arbitrated only on an individual basis; the arbitrator may not consolidate claims or preside over any form of class or representative proceeding without every party's written consent. If a court holds this waiver unenforceable as to a particular claim, then Section 13 is null as to that claim only — that claim will proceed in court under Section 14 after arbitration of all remaining claims — and this waiver remains fully enforceable as to every other claim.

13.9 Your 30-day right to opt out

You may reject this arbitration agreement — with no penalty and no effect on the rest of these Terms — by emailing [email protected] with the subject line "Arbitration Opt-Out," or writing to The Day Company LLC, 100 N Howard St Ste R, Spokane, WA 99201, within 30 days of first accepting these Terms (or within 30 days of notice of any material change to this Section 13). Include your name, telephone number, and a statement that you opt out of arbitration.

13.10 Coordinated filings

If 25 or more similar arbitration demands are filed by or with the assistance of coordinated counsel, the AAA's Mass Arbitration Supplementary Rules apply, including global mediation and a Process Arbitrator. Thereafter, the parties will proceed in staged batches: each side may select up to ten (10) demands per batch to proceed to individual arbitration, while remaining demands are held in abeyance with all filing deadlines and limitations periods tolled. Safety valve: any claimant whose demand has been held in abeyance for more than 240 days after batching begins may elect, by written notice, to have their individual arbitration proceed immediately or to withdraw the demand and file in court under Section 14, with tolling preserved. Nothing in this section displaces the AAA's authority under its own rules, including over fees and administration.

13.11 Confidentiality

Both parties will keep arbitration filings, proceedings, and awards confidential, except as needed to enforce or challenge an award, pursue or defend legal rights, or comply with law. Nothing in these Terms restricts you from making truthful reports to any government agency or regulator, or from posting honest reviews (Section 9).

14.Governing law and venue

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-laws rules — except that the Federal Arbitration Act governs Section 13, and nothing in these Terms deprives you of the protection of any mandatory consumer-protection law of your state of residence that cannot be waived or displaced by contract.

For any court proceeding that Section 13 does not send to arbitration (or that it permits in court), exclusive venue is the state or federal courts located in Spokane County, Washington, and both parties consent to jurisdiction there — except for small-claims cases under Section 13.2, and except that a consumer claim that applicable law requires to be heard in your home state may be brought there. TO THE EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE TRIAL BY JURY IN ANY COURT PROCEEDING.

15.General terms

15.1 Entire agreement; no reliance

These Terms and the Privacy Policy are the entire agreement between you and us about the Service and supersede prior discussions. You agree you have not relied on any statement not contained in them — provided that nothing in this section limits any non-waivable right you have under applicable law, including with respect to fraud.

15.2 Severability

Except as Section 13.8 provides otherwise, if any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permitted and the remainder will stay in full effect.

15.3 Third-party beneficiary — the Installation Partner only

The Installation Partner is an intended third-party beneficiary of the consents in Section 5 and of the arbitration agreement in Section 13 as applied to disputes arising from contact made under those consents, and may rely on and enforce them. Except as stated in this Section 15.3, these Terms create no rights in any third party.

15.4 Assignment

We may assign these Terms in connection with a merger, acquisition, or sale of assets; any successor is bound by them. You may not assign these Terms.

15.5 No waiver

Our not enforcing a provision is not a waiver of it.

15.6 Notices

We may send notices to the email address, phone number, or mailing address you provided. Legal notices to us should be sent to the Section 16 mailing address, with a copy by email.

15.7 Electronic dealings

You consent to receive agreements, disclosures, and notices from us electronically, and agree that your electronic acceptance has the same force as a handwritten signature. You may request a paper copy of these Terms by email.

15.8 Time to bring claims

Any claim relating to the Service must be brought within one (1) year after it accrues — except where applicable law requires a longer period for that claim, in which case the legally required period applies.

15.9 Events beyond our control

We are not responsible for delay or failure caused by events beyond our reasonable control.

15.10 Changes to the Service

We may modify, suspend, or discontinue any part of the Service at any time. This section concerns the Service itself; changes to these Terms are governed exclusively by Section 2.

15.11 Survival

Sections 5.4, 8, 9, 11, 12, 13, 14, and 15 survive any termination of these Terms or your use of the Service.

16.Contact

Questions about these Terms: The Day Company LLC — Email: [email protected] — Mailing address: 100 N Howard St Ste R, Spokane, WA 99201, United States.

Changelog: July 24, 2026 — Terms rewritten: plain-language definitions replace the prior terminology section; contact provisions conformed to actual practice (human-placed calls, appointment-reminder texts, no artificial or AI voice); one-partner referral model stated; consumer indemnification removed; amendment clause narrowed with a 30-day-notice, prospective-only rule; arbitration agreement updated with sexual-assault/harassment and public-injunctive carve-outs, a coordinated-filing safety valve, and a renewed opt-out on material changes; venue clarified with home-state protections. · July 12, 2026 — prior comprehensive update. · Earlier versions on request.