Legal

Terms of Use

Welcome to Merino Energy, a website located at https://merinoenergy.com (the “Site”) and operated by Velma Energy Company d/b/a Merino Energy (“Merino Energy”, “us”, “our”, and “we”). Merino Energy provides the Site and services provided through the Site (“Services”), including the marketing and sale of heating and cooling products and related services, including the Merino Mono heat pump and other products offered from time to time.

These Terms of Use (“Terms”) set forth the legally binding terms for your (“User”, “you”, and “your”) use of the Services. By accessing or using the Services, you are accepting these Terms and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree with all of the provisions of these Terms, do not access and/or use the Services. You may not access or use the Services or accept the Terms if you are not at least 18 years old.

Privacy Policy

The Company respects the privacy of its users. Please refer to the Company’s Privacy Policy (https://merinoenergy.com/privacy), which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

Site Content

Our Site may provide informational and educational content. All content on this Site is for informational and educational purposes only, is general in nature, and under no circumstances does the content on our Site undertake to give advice for your particular situation. The content on our Site is not meant to be relied upon by Site visitors in reliance on making any decisions. In the event that you use the information provided through our Site or Services, we assume no responsibility.

Contact Form

We may include a contact form on our Site that allows you to get in touch with us to inquire about our Services, provide feedback, or request collaborations. Our contact form may ask for your personal information, such as your name, email address, phone number, and reason for your inquiry.

Order and Payment Terms

Preorders. From time to time, Merino Energy may make products available for preorder through the Site. Where a product is designated as a preorder at the time of purchase, the following additional terms apply: (a) your preorder constitutes a reservation of the product and does not constitute a completed sale; (b) you authorize us to charge your selected payment method for the applicable preorder amount at the time the preorder is placed; (c) the final purchase transaction for the product and any associated installation may be completed separately between you and your assigned Installer at the time of preorder conversion; (d) Merino Energy will use reasonable efforts to communicate the expected conversion timeline but makes no guarantee regarding the timing of conversion; and (e) if your preorder is cancelled by you prior to conversion, or cancelled by Merino Energy for any reason, you will receive a full refund to your original payment method within a reasonable time.

Orders. By placing an order through the Site, you represent that you are at least 18 years of age and are authorized to use the payment method provided. All orders are subject to acceptance by Merino Energy. We reserve the right to refuse or cancel any order at any time for reasons including product availability, errors in product or pricing information, or suspected fraudulent activity. If your order is cancelled after your payment method has been charged, we will issue a refund to your original payment method. Merino Energy processes payments through Shopify. By completing a purchase, you agree to Shopify's applicable terms and conditions in addition to these Terms.

Pricing. Certain products and services available through the Site may be offered for purchase. When you place an order, you authorize us to charge your selected payment method for the applicable purchase price at the time the order is placed, unless otherwise stated at checkout. All prices are listed in U.S. dollars and are subject to change without notice prior to the time an order is placed. Merino Energy may add new products or services for additional fees and charges, or amend fees and charges for existing products or services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective upon posting of such change to the Site.

Payment Information; Taxes. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases or transactions.

Shipping. Estimated shipping timelines will be provided at the time of purchase and on the Site, but are estimates only and not guaranteed. Merino Energy is not responsible for delays caused by carriers, customs, or circumstances outside our reasonable control. Shipping is available to addresses within the contiguous United States unless otherwise specified at checkout. Title and risk of loss for products pass to you upon delivery to the carrier.

Returns and Refunds. All sales are final at the time of purchase unless otherwise stated. If a product arrives damaged or defective, please contact us within ten (10) days of delivery at info@merinoenergy.com to arrange a return or exchange. We reserve the right to assess a restocking fee on any approved return. Refunds, if applicable, will be issued to the original payment method within a reasonable time after we receive and inspect the returned product. We do not accept returns for reasons of personal preference or change of mind unless otherwise required by applicable law. For preorders, if you wish to cancel prior to conversion to a final sale, please contact us at info@merinoenergy.com. Preorder cancellation requests received prior to conversion will be eligible for a full refund to the original payment method within a reasonable time.

Limited Warranty. Merino Energy products are subject to a limited hardware warranty covering defects in materials and workmanship, the terms of which are provided with the product at the time of delivery. Please refer to our warranty terms located here https://merinoenergy.com/warranty. Merino Energy's warranty covers hardware and product defects only and does not extend to installation, labor, or service. Any warranty for installation services or labor is provided separately by the Installer through their own company and is solely the responsibility of the Installer. Merino Energy makes no representation and assumes no liability with respect to any warranty offered by an Installer..

Chargebacks. If you have a dispute concerning any payment transaction, please contact us at info@merinoenergy.com before contacting your bank or credit card company. If, at any time, you contact your bank or credit card company to reject the charge of any payable fees ("Chargeback"), this act will be considered a breach of your payment obligations, and we reserve the right to suspend or terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. Without limiting other available remedies, you must pay Merino Energy upon demand for amounts owed under these Terms, plus interest on the outstanding amount at the lesser of one percent (1%) per month or the maximum interest allowed by applicable law, plus attorneys' fees and other costs of collection to the extent permitted by applicable law.

Disclaimers

THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.

Merino Energy makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.

Installation Services. Merino Energy may connect you with third-party certified installers ("Installers") as a convenience, including in connection with the conversion of a preorder to a final sale. In the preorder context, your final purchase transaction for the product and installation will be completed separately between you and your assigned Installer at the time of conversion. Merino Energy does not employ, supervise, or control Installers and is not a party to any agreement between you and an Installer. Merino Energy makes no representation or warranty regarding the quality, safety, timeliness, licensing, insurance, or workmanship of any Installer or installation services performed. The engagement of any Installer is a separate transaction solely between you and the Installer, and Merino Energy shall have no liability of any kind arising out of or related to such engagement. You are solely responsible for verifying that any Installer is appropriately licensed, bonded, and insured in your jurisdiction prior to engaging their services.

Permits and Code Compliance. Installation of heat pump products may require permits and must comply with applicable local, state, and federal building codes, zoning ordinances, and utility interconnection requirements, which vary by jurisdiction. It is your sole responsibility to obtain all required permits and to ensure that the installation and use of any product purchased through the Site complies with all applicable laws and regulations. Merino Energy makes no representation that any product is approved for installation or use in any particular jurisdiction and is not responsible for any fines, penalties, remediation costs, or other liabilities arising from non-compliance.

Energy Performance and Efficiency. To the extent the Site includes any information regarding energy savings, efficiency ratings (including but not limited to SEER2, HSPF2, or COP ratings), or projected reductions in utility costs, such information is provided for general informational purposes only and does not constitute a guarantee, warranty, or representation of actual performance. Actual energy performance will vary based on factors outside Merino Energy's control, including home size, insulation, climate zone, local utility rates, usage patterns, and installation quality. Merino Energy expressly disclaims any warranty or guarantee regarding the achievement of any specific energy savings, efficiency outcomes, or utility cost reductions.

Utility Rebates and Tax Credits. Merino Energy makes no representation that any product sold through the Site qualifies for any utility rebate, government incentive program, or tax credit, including but not limited to the federal Energy Efficient Home Improvement Credit or any state or local incentive program. Eligibility for any such program depends on factors outside Merino Energy's control, including applicable law, program availability, product specifications, installation requirements, and individual taxpayer or ratepayer circumstances. You should consult your own tax advisor and contact your utility provider to independently determine eligibility before making any purchasing decision based on anticipated incentives.

Product Compatibility and Suitability. It is your sole responsibility to determine, in consultation with a qualified HVAC professional, whether any product purchased through the Site is compatible with your existing HVAC systems, electrical infrastructure, ductwork, and home specifications, and is suitable for your climate zone and intended application. Merino Energy makes no representation that any product is appropriate for any particular home, existing system configuration, or climate, and is not responsible for any costs, damages, or losses arising from product incompatibility or unsuitability discovered after purchase.

Refrigerant and Environmental Compliance. Heat pump products contain refrigerants regulated under applicable federal and state environmental laws, including Section 608 of the Clean Air Act. The servicing, handling, recovery, and disposal of refrigerants must be performed exclusively by EPA-certified technicians. You are solely responsible for compliance with all applicable environmental regulations in connection with the installation, use, maintenance, servicing, and end-of-life disposal of any product purchased through the Site. Merino Energy shall have no liability for any environmental penalties, remediation costs, or damages arising from non-compliant handling of refrigerants.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Rights and Licenses

License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.

Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to these Terms. All copyright and other proprietary notices on any Services content must be retained on all copies.

Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except as otherwise expressly set forth in these Terms.

Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title, or interest in or to the intellectual property rights. We reserve all rights not granted in these Terms.

Maintenance, Updates, and Discontinuance

From time to time, Merino Energy may update, modify, expand, or improve the Site to enhance its functionality and performance. We may also, at any time and without prior notice, choose to disable certain features, suspend access, or cease operation of part or all of the Site or Services. Your use of the Site does not guarantee the ongoing availability of any particular features or functionality.

Any modifications or discontinuation of the Site, Services, or specific features will be determined at our sole discretion and without any obligation or liability to you. Merino Energy may, at any time, suspend, limit, or discontinue access to content, features, or online servers associated with the Site or Services for reasons including maintenance, upgrades, or service changes, without notice or liability.

Acceptable Use Policy

Your permission to use the Services is conditioned upon the following restrictions: You agree that you will not, under any circumstances:

• submit or transmit any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• use the service for any unlawful purpose or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group;
• provide false or inaccurate information or impersonate another person in connection with any use of the Services;
• interfere or attempt to interfere with the proper functioning of the Service;
• make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• use the Site or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with our Service;
• bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
• publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

Indemnity

You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Links to Other Sites and/or Materials

Third Party Sites, and Third-Party Content. As part of the Service, we may provide you with convenient links to third party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties such as applications, software, or content (collectively the “Third-Party Content”). Users may also include links to their website or other Third-Party Sites on their listings. These links are provided as a courtesy to Users. We have no control over Third-Party Sites and Third-Party Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Content. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Links to Our Site. You are permitted to link to our Site for non-commercial purposes, provided that you do so in a way that is fair and legal and does not damage our reputation. You may not link to our Site in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You may not deep-link to any page of this site for any purpose whatsoever unless the link is expressly authorized in writing by us. We reserve the right to withdraw permission for any link.

Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites, and Third-Party Content. YOU KNOWINGLY AND VOLUNTARILY WAIVE ANY PROTECTION THAT YOU MIGHT HAVE BY VIRTUE OF ANY LAW OR STATUTE PROVIDING THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY IT, WOULD HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE RELEASED PARTY.

Limitation on Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

IN NO EVENT WILL MERINO ENERGY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID MERINO ENERGY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Term and Termination.

Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services, or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of these Terms, your right to access and use the Services will terminate immediately. We will not have any liability whatsoever to you for any termination of these Terms. Upon termination of these Terms, all of the provisions will terminate except those that by their nature should survive.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND MERINO ENERGY HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Merino Energy agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our these Terms, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Choice of Law. These Terms are made under and will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Claim Limitations. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Agreement to Arbitrate

You and Merino Energy each agree that any and all disputes or claims that have arisen or may arise between you and Merino Energy relating in any way to or arising out of this or previous versions of these Terms, your use of or access to Merino Energy's Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in San Francisco, California, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to Arbitrate.

The arbitration will be conducted by JAMS Arbitration ("JAMS") under its applicable rules and procedures, as modified by this agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.

Your rights will be determined by a neutral arbitrator and not a judge or jury. You understand that arbitration procedures can be more limited that rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review in court.

You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.

With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in San Francisco, California.

General

Changes to Terms. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any significant changes to these Terms will be effective 30 days after posting such notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Copyright/Trademark Information. Copyright © 2026 Velma Energy Company d/b/a Merino Energy. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that owns the Marks.

Contact Information:

Merino Energy Email: info@merinoenergy.com Last Updated Date: March 30, 2026

Privacy Policy

Velma Energy Company d/b/a Merino Energy (“Merino Energy”, “us”, “our”, and “we”) is committed to maintaining robust privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.

By accepting our Privacy Policy and Terms of Use (located at https://merinoenergy.com/terms ), you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. Capitalized terms in this policy have the same meaning given to them in our Terms of Use, unless otherwise defined in this policy.

Children’s Online Privacy Protection Act

Minors under eighteen (18) years of age are prohibited from using the Site and Services. The Site and Services are not intended for children under the age of 18. If you are under 18 years old, please do not provide personally identifiable information of any kind whatsoever on the Site or Services. We do not intentionally gather Personal Information from visitors who are under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.

Types of Data We Collect

We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, Site types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

Information You Provide to Us

• We may collect Personal Information from you, such as your first and last name, e-mail and mailing address, phone number when you complete a contact form on our Site, or purchase products or services.

• When you purchase products or services on our Site our payment processor will collect all information necessary to complete the transaction, including your name, credit card information, billing information.

• If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.

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Information Collected via Technology

• In an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. We may also ask advertisers or other partners to serve ads to your devices, which may use cookies or similar technology.

• We may also use third party analytics services such as Google Analytics or Google Adsense to collect information about how you use and interact with our Services. Such third party analytics services may use cookies to gather information such as the pages you visited, your IP address, a date/time stamp for your visit and which site referred you to the Site. This helps us provide a better user experience and improve usability.

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Use of Your Personal Information

In general, we use Non-Personal Information to help us improve the Service and customize the user experience. This may include aggregated data on device type, browser type, general location, and usage patterns. We aggregate Non-Personal Information in order to track trends, analyze usage patterns on the Site, improve our content and product offerings (including our heating and cooling products and related services), and tailor advertisements. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information. We reserve the right to use and disclose such Non-Personal Information to our partners, advertisers, and other third parties at our discretion, as this information does not identify individual users.

If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

Depending on the features of the Site you use, we may process your personal data based on one or more of the following legal bases:

Your Consent: You may give us permission to process specific data to enhance your experience on the Site. Example: When you opt in to receive marketing communications from us, or when you consent to the use of cookies and tracking technologies (such as the Facebook Pixel) for targeted advertising purposes.

Contractual Obligations: We may process personal data to fulfill our contractual obligations to you, such as managing your account and delivering the requested services.

Legitimate Interests: We may process personal data to improve our services, manage the Site more effectively, and secure our services, as long as these interests do not override your rights. Examples: Conducting vulnerability assessments to protect your data or analyzing usage data to identify and fix bugs.

Legal Obligations: We may be required to process certain personal data to comply with applicable laws and regulations.

Below is a table that describes some of the purposes for which we process your personal data, the legal basis for processing, and examples where applicable. This table is not exhaustive and should be read together with the full description of our data practices in this Privacy Policy.

Purpose of Processing

Legal Basis for Processing

Example

Service Provision and Personalization

Contractual necessity and consent

Processing your orders for heating and cooling products (including the Merino Mono heat pump), facilitating payment through Shopify, coordinating shipping, and providing related after-sale services.

Personalized Content and Feature Delivery

Legitimate interest

To tailor content, features, and services based on your interactions and preferences on the Site.

Administrative Communication

Contractual necessity

Send you notifications about your purchases, such as order confirmations, shipping updates, and warranty or product-related communications.

Marketing and Promotional Activities

Consent

Send newsletters, offers, and promotions related to our Services or on behalf of third-party partners.

Customer Support and User Feedback

Legitimate interest

Respond to your inquiries, provide customer support, and address any questions or feedback you may have.

Data Analysis and Site Improvements

Legitimate interest

Conduct data analysis to understand user engagement with our Site and product offerings, improve Site features and performance, and ensure a quality user experience in connection with our heating and cooling products and services.

Advertising and Third-Party Insights

Consent, and where applicable, legitimate interest

Deliver relevant advertisements on and off the Site (including through tools such as the Facebook Pixel) by sharing insights with third-party advertisers to tailor ads to your interests, subject to your right to opt out of targeted advertising at any time.

Disclosure of Your Personal Information

Our company does not sell your personal information. However, to provide you with the Services or for other business purposes, we may share your personal information with third parties as described below:

• Payment Processing: Merino Energy uses third-party payment processors, such as Shopify, to facilitate purchases through the Site. When you provide payment information to Merino Energy, we collect and process the necessary details for completing the transaction, including payment and billing information. Your payment details may be stored by our payment processors for future use, enabling faster processing of subsequent transactions. Merino Energy does not store sensitive financial information directly. Instead, this information is handled by Shopify in accordance with their privacy policy and applicable terms and conditions. We ensure that all data processing complies with applicable data protection regulations.

• Cloud Infrastructure: We store user data on a third-party cloud provider, which helps us deliver, maintain, and secure our Site’s infrastructure.

• Hosting and Customer Support: Service providers help host our Site, manage our servers, and provide customer support to address your inquiries.

• Quality Assurance and Performance Monitoring: We conduct quality assurance testing and monitor the Site’s performance to ensure it operates as expected.

• Marketing and Data Analysis: Third parties may assist in marketing efforts, conducting data analysis to understand user engagement, and improving the Site.

• Technical Support and Troubleshooting: Our service providers offer technical support and assist in troubleshooting issues on the Site.

• Additional Services: We work with third parties to provide other services aimed at enhancing the user experience on our Site.

These service providers are contractually obligated to protect the confidentiality and security of your Personal Information and to use it only as directed by us.

Affiliates and Business Partners. We may share your Personal Information with our affiliates and business partners to perform functions and provide services on our behalf, such as marketing initiatives or improving the Site’s functionality. These partners are required to use your Personal Information only for the purposes outlined by us and in compliance with applicable laws.

Corporate Transactions. In the event of a merger, acquisition, reorganization, sale of assets, or bankruptcy, your Personal Information may be transferred to a successor entity as part of the transaction. We will take reasonable steps to ensure that your Personal Information remains secure and is handled in accordance with this Privacy Policy.

Other Disclosures. Merino Energy is committed to protecting your privacy and the confidentiality of your personal health information. We will not disclose your Personal Information to any third parties except in the following limited circumstances, and only to the extent required or permitted by law:

• Legal Obligations: We may disclose Personal Information if required to comply with applicable laws, regulations, or legal processes (such as subpoenas, court orders, or other legal requests). In such cases, we will take reasonable measures to limit the scope of the information disclosed and, where possible, will notify you in advance.

• Protection and Safety: We may disclose Personal Information to protect the rights, property, or safety of Merino Energy, our users, or others. This includes actions to detect, prevent, or otherwise address fraud, security, or technical issues, and to enforce our Terms of Use.

• Responding to Government Requests: In the rare event we receive a request from a public authority, including for law enforcement or national security purposes, we will carefully evaluate the legality and necessity of the request. Where permitted, Merino Energy will strive to notify you and to seek the minimum disclosure possible in response to such requests. Your personal health information is treated with the utmost sensitivity, and we will take all reasonable steps to protect it from unwarranted disclosure.

Commitment to Transparency. Merino Energy believes in transparency regarding our handling of personal health information. Should we receive requests from public authorities or other third parties for user data, we will evaluate each request carefully. We are committed to protecting your privacy and will take appropriate measures to ensure that any disclosures are in line with our privacy principles and, where possible, will notify you of such disclosures.

Data Security During Disclosures. When disclosing your Personal Information to third parties as described above, we take steps to protect the confidentiality and security of your data. We strive to use industry-standard safeguards and require third parties to implement similar protections, ensuring your information remains secure throughout any processing.

Links to Third Party Websites

As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Service. Therefore, this Privacy Policy does not apply to your use of a third party website accessed by selecting a link on our Site or via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

Your Rights Regarding the Use of Your Personal Information

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by unsubscribing, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.

Access, Correction, Deletion

We respect your privacy rights and provide you with reasonable access to the Personal Information that you may have provided through your use of the Services. If you wish to access or amend any Personal Information we hold about you, or to request that we delete any information about you that we have obtained through our Service, you may contact us at: info@merinoenergy.com with the email subject: “Personal Information Query.”

At your request, we will have any reference to you deleted or blocked in our database.

To update, correct, or delete your Personal Information, please contact us directly using the contact information provided below. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

You may decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of the Service.

At any time, you may object to the processing of your Personal Information, on legitimate grounds, except if otherwise permitted by applicable law.

Security of Your Personal Information

We implement security measures designed to protect your information from unauthorized access. We further protect your information from potential security breaches by implementing certain technological security measures However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. While we use reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security. By using our Service, you acknowledge that you understand and agree to assume these risks.

How Long We Retain Your Data

We will keep hold of your data for no longer than necessary. The length of time we retain it will depend on any legal obligations we have (such as tax recording purposes), the nature of any contracts we have in place with you, the existence of your consent or our legitimate interests as a business.

Do Not Track Signals

Certain state laws require us to indicate whether we honor “Do Not Track” settings in your browser. Merino Energy adheres to the standards set out in this Privacy Policy and does not monitor or follow any Do Not Track browser requests.

Notices

Notice to California Residents. The California Consumer Privacy Act (“CCPA”) provides California consumers with specific rights regarding their Personal Information. You have the right to request that businesses subject to the CCPA: (1) disclose certain information to you about their collection and use of your Personal Information over the past 12 months; (2) delete Personal Information collected from you, subject to certain exceptions; and (3) ask whether the business sells Personal Information and right to opt-out of that sale. To request the above information, you may contact us at: email with the email subject as California Disclosure Information. This Privacy Policy and your use of our Services are governed by the laws of the State of California, consistent with our Terms of Use.

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (“California Act”) and the California Business and Professions Code. As required by the California Act, this Privacy Policy identifies the categories of personally identifiable information that we collect through our Site about individual consumers who use or visit our Site and the categories of third-party persons or entities with whom such personally identifiable information may be shared.

Notices to International Users. The Site is hosted in the United States. If you are a User accessing the Site or Services (or providing information that is hosted on or routed through the Site) from the European Union (“EU”), Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions, and by providing your personal data you permit the use of your personal data for the uses identified above in accordance with the Privacy Policy.

Changes to This Privacy Policy

We reserve the right to change this policy and our Terms of Use at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address you have provided to us or by placing a prominent notice on our Site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.

Contact Information

If you have any questions regarding this Privacy Policy or the practices of the Site please contact us by sending an email to info@merinoenergy.com.

Last Updated: This Privacy Policy was last updated on March 30, 2026.