Terms of service
The current version is at https://solar360.io/terms/
These terms of service (the Terms) are a contract between Solar 360, LLC (Solar 360, we, us, our) and the business that uses the Service (the Customer, you, your).
Read them carefully. They limit our liability (section 17). They also make you defend us against some claims (section 18).
Solar 360 creates the Organization of each Customer and sends an invitation to its first Owner. The Owner accepts these Terms for the Customer when the Owner accepts the invitation and creates the Account. The Customer also accepts these Terms when it uses the Service. The person who accepts them for a business states that he or she has the authority to bind that business. If you do not accept these Terms, do not use the Service.
The Data Processing Addendum (the DPA) is part of these Terms. The Privacy Policy tells how we handle personal information.
1. Definitions
- Account: the sign-in identity of one User.
- Account Data: the information about a User that we need to run and protect the Account of that User. The Privacy Policy describes it.
- Billing Data: the information that we and Stripe need to bill the Customer.
- Customer Data: the data, files, and content that the Customer and its Users put into the Service, and the records that the Service makes from them for the Customer. Customer Data does not include Account Data, Billing Data, Public Records, or Usage Information.
- Fees: the amounts that the Customer must pay for the Service.
- Homeowner: a person whose home or property is the subject of a lead, a knock, an appointment, or a deal in the Service.
- Organization: the space in the Service that holds the Users and the Customer Data of one Customer.
- Owner: the User with the owner role in an Organization. The Owner manages the subscription and the billing.
- Public Records: the property records from public government sources that Solar 360 supplies in the Service.
- Seat: the right of one staff User to use the Service, as section 5 describes.
- Service: the Solar 360 app on the web and on phones, its API, and our support.
- Site: our website at solar360.io.
- Third-Party Service: a product or a service of another company that works with the Service. Examples are Google Maps Platform, Google Calendar, Microsoft Outlook calendar, and Stripe.
- US State Privacy Laws: the meaning that the DPA gives to these words.
- Usage Information: information about the use and the performance of the Service, which we combine so that it does not identify the Customer, a User, or any other person.
- User: a person who has an Account in the Organization of the Customer. Users include the staff of the Customer, its contractors, and the Homeowners that it invites.
The word “including” means “including but not limited to”.
2. Who can use the Service
- The Service is only for businesses in the United States. It is not for personal, family, or household use.
- Each User must be 18 years old or older.
- You must not use the Service if US law forbids it, for example because of trade sanctions.
- You must give true and complete information when Solar 360 creates the Organization and when the Owner accepts the invitation. Keep this information current.
3. Accounts and the Organization
- Each Customer has one Organization. Solar 360 creates it. The person whom Solar 360 invites as the Owner, and who accepts the invitation, is the first Owner.
- One Account belongs to one Organization. An Account cannot join or create another Organization. A person who works for two Customers needs a different Account, with a different email address, for each Customer.
- The Customer decides who gets access and which role each User has. The role controls what a User can see and do.
- The Customer is responsible for:
- the acts and omissions of its Users, as if they were its own
- the compliance of its Users with these Terms
- the removal of access for each User who must no longer have it
- Each User must keep the password secret and must not share the Account. We recommend two-factor authentication for every User.
- Tell us immediately at support@solar360.io if you think that someone used an Account without permission.
4. The Service
- During the subscription, we give the Customer a non-exclusive, non-transferable right to use the Service for its internal business, under these Terms.
- We can change the Service, and we can add or remove features. If a change removes a main function of the Service, we tell the Owner at least 30 days before the change.
- We try to keep the Service available at all times. We do not promise a level of availability. We can stop the Service for a short time for maintenance.
- We give support by email at support@solar360.io.
- We apply technical limits to protect the Service, for example on the number of requests, emails, and map lookups. We do not publish these limits, and we can change them.
5. Subscription and Seats
- The Service is sold as a monthly subscription. The subscription has a base price that includes a number of Seats, and a price for each extra Seat.
- The prices are private to each Customer. Solar 360 and the Customer agree on the base price, the number of included Seats, and the price of an extra Seat. The billing page shows these prices and the number of included Seats. These prices are part of these Terms. They can change only with notice, as Price changes in section 6 states.
- Each active staff User uses one Seat. Each open invitation for a staff User also uses one Seat. Inactive staff Users, Contractors, and Homeowners use no Seat.
- The Owner adds or removes extra Seats on the billing page. When all Seats are in use, the Service does not let you add a staff User. Add a Seat or free a Seat first.
- When the Owner adds an extra Seat during a month, the next invoice charges that Seat for the rest of the month. When the Owner removes an extra Seat, the next invoice gives a credit for the rest of the month. A credit is not a refund. The Owner cannot remove a Seat that is in use.
- Solar 360 can offer add-ons. An add-on goes on the same subscription and follows these Terms. Its price is the price that shows when the Owner adds it.
6. Trial, billing, and taxes
Trial
- Solar 360 can offer a free trial. The billing page shows the length of the trial before the Owner pays. A payment card is necessary to start a trial.
- If you cancel before the trial ends, we do not charge you. If you do not cancel, the paid subscription starts when the trial ends, and we charge the card for the first month.
- We send an email to the Owner before the trial ends.
Payment
- Stripe processes all payments. The Owner authorizes us and Stripe to charge the payment method on file each month, in advance, for the Fees of that month.
- The Fees are in US dollars.
- The Owner can see the invoices and change the payment method on the billing page.
- The Fees are not refundable, except as these Terms state.
Taxes
- The Fees do not include taxes. Stripe calculates the sales tax, the use tax, and similar taxes from the billing address, and we charge them with the Fees.
- You pay all such taxes, except the taxes on our income.
- If you are exempt from a tax, give your tax ID at checkout, or send us a valid exemption certificate.
Late payment
- If a payment fails, the subscription is past due. For 14 days, the Organization keeps full access, and the Service shows a notice. Stripe tries the payment again during this time.
- If the payment is still not made after 14 days, we suspend the Organization. During a suspension, only the Owner can sign in, and only to the billing page.
- Full access returns when the payment succeeds.
- If the Organization stays suspended, section 7 tells what happens to its data.
Price changes
- We can change the prices that we agreed with you in section 5. We tell the Owner by email at least 30 days before a new price applies.
- The new price applies from the first billing month that starts after this notice period.
- If you do not accept the new price, cancel the subscription before the new price applies.
7. Cancellation, suspension, and termination
Cancellation by you
- The Owner can cancel the subscription at any time on the billing page.
- Access continues to the end of the month that you paid for. Then the subscription ends.
- We do not refund Fees for part of a month.
Suspension by us
We can suspend the access of a User or of an Organization immediately, if we reasonably believe that:
- the use breaks section 10 or the law
- the use is a risk to the security or the operation of the Service, or to other Customers
- the law requires the suspension
When the law allows, we tell the Owner. We limit the suspension to what is necessary. We restore access when the cause ends.
Termination
- Each party can end these Terms if the other party materially breaks them and does not correct the breach within 30 days after a notice.
- We can end these Terms immediately for a breach that cannot be corrected, or for repeated serious breaches of section 10.
- We can stop the Service for all Customers with at least 90 days of notice.
- We refund the Fees that you paid for the time after the end in two cases: you end these Terms because of our breach, or we stop the Service for all Customers.
After the end
- When the subscription ends, or when we suspend an Organization, the Customer has 60 days to export its Customer Data.
- During these 60 days, the Owner can ask for an export at support@solar360.io. We send the Customer Data in a common format that a machine can read, such as CSV or JSON, with the files. The Owner can also start the subscription again to get full access.
- After these 60 days, we delete the Customer Data and the Account Data of the Organization. The copies in backups expire within the next 14 days. Old versions of files expire within the next 30 days.
- We keep the Billing Data and the records that the law requires.
- The Fees that are due stay due.
- These sections continue after the end: 7, 8, 13, 14, 15, 16, 17, 18, 19, 21, and 22.
8. Customer Data
- Ownership. The Customer owns its Customer Data. We claim no ownership of it.
- License to us. The Customer gives Solar 360 a non-exclusive, royalty-free license to host, copy, process, transmit, and show Customer Data. We use this license only to give, maintain, secure, and support the Service for the Customer, and to obey the law. The license ends when we delete the Customer Data.
- No other use. We do not sell Customer Data. We do not use it for ads. We do not use it to train artificial intelligence (AI) models. The DPA states our duties as a processor.
- Your responsibility. The Customer is responsible for the accuracy, the quality, and the legality of Customer Data, and for the way it got the data. The Customer must have all rights, notices, and consents that the law requires to put Customer Data into the Service and to let us process it under these Terms.
- Usage Information. We can collect Usage Information and use it to run, secure, and improve the Service.
- Public Records. We supply Public Records for your internal use in the Service. They come from public sources, and they can be wrong or old. Do not copy them out of the Service in bulk, and do not sell them.
9. Homeowner data and contact laws
The Customer is responsible for a lawful basis to collect information about Homeowners and to contact them. This includes the rules for:
- Door-to-door sales: local permits and registration, the hours for sales visits, “no soliciting” signs, and do-not-knock lists. This includes the right of a buyer to cancel a sale made at the home.
- Telephone calls and text messages: the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the National Do Not Call Registry, and state do-not-call lists. This includes the consent that the law requires before a call or a text message.
- Email: the CAN-SPAM Act and state email laws
- Privacy: US State Privacy Laws, including the notices to Homeowners and to Users, and the answers to their requests
- Employees and sales representatives: the notices and consents for the location data of knocks and of uploaded photos, and the laws about pay
The Service gives tools that help, such as the “do not knock” result. These tools do not make a use lawful by themselves. We do not give legal advice.
10. Acceptable use
You must not do these things, and you must not let a User or another person do them:
- send spam, or send messages or make calls that the law does not allow
- contact a person who asked for no contact, when the law requires you to respect that request
- collect, use, or share personal information without a lawful basis
- put content into the Service that is unlawful, that infringes the rights of others, or that contains malware
- harass, threaten, or discriminate against any person
- try to access the data of another Customer, an Account that is not yours, or a part of the Service that you have no permission for
- test, scan, or probe the security of the Service without our written permission
- interfere with the Service, put an unreasonable load on it, or bypass its limits or its security
- reverse engineer, decompile, or disassemble the Service, except where the law allows this despite this restriction
- copy, sell, rent, or sublicense the Service, or give access to a person who is not a User
- use the Service to build a competing product, or copy its features or its design
- use bots or scrapers to collect data from the Service, including the Google Maps content in it
- remove or hide a notice of ownership or an attribution, including the attribution of Google Maps
- use the Service against US export control or sanctions laws
We can remove content, or suspend access, that breaks this section, as section 7 states.
11. Third-party services
The Service works with Third-Party Services. The terms and the privacy policy of each Third-Party Service apply to its use. We are not responsible for Third-Party Services. If a Third-Party Service changes or stops, we can change or remove the related feature of the Service.
Google Maps
The Service includes Google Maps features and content: the map, the address search, geocoding, and Street View.
Google Solar API: when your organization uses Solar potential, we send the map position of a property to Google to get the solar data of its roof.
Use of Google Maps features and content is subject to the then-current versions of the:
- Google Maps End User Additional Terms of Service (the Google Maps/Google Earth Additional Terms of Service)
- Google Privacy Policy
Calendars
A User can connect Google Calendar, and Microsoft Outlook calendar when the Service offers it. The Service then reads the busy times of the User and writes the appointments that the User books. The User can disconnect at any time. Section 6 of the Privacy Policy describes the data that we use. The terms of Google and of Microsoft apply to these accounts.
Stripe
Stripe processes all payments. The terms of Stripe and the Stripe Privacy Policy apply to the payment information that you give to Stripe.
12. Storage and fair use
- The subscription includes reasonable storage for normal use of the Service, such as the files and photos of deals.
- We can set a storage limit later. If we do, we tell the Owner by email at least 30 days before the limit applies. The notice gives the limit and the options.
13. Confidentiality
- Confidential Information is information that one party (the discloser) gives to the other party (the receiver). It is marked confidential, or a reasonable person knows that it is confidential. Customer Data is Confidential Information of the Customer. The parts of the Service that are not public, and our security information, are Confidential Information of Solar 360.
- Information is not Confidential Information if:
- it is public through no fault of the receiver
- the receiver knew it before, without a duty of confidentiality
- the receiver got it lawfully from another person, without a duty of confidentiality
- the receiver developed it independently
- The receiver uses Confidential Information only for these Terms. It protects the information with at least reasonable care. It discloses the information only to its employees, affiliates, contractors, and advisers who need to know it and who have duties of confidentiality at least as strict as these.
- If the law makes the receiver disclose Confidential Information, the receiver tells the discloser first when the law allows. The receiver discloses only what the law requires.
- These duties continue for 3 years after these Terms end. For a trade secret, and for Customer Data, they continue as long as the information stays confidential.
14. Feedback
If you or a User give us ideas or suggestions about the Service, we can use them without restriction and without payment to you. Feedback does not include Customer Data.
15. Intellectual property
Solar 360 and its licensors own the Service, the Site, the software, the designs, and the Solar 360 name and logo. These Terms do not transfer any of these rights to you. We keep all rights that these Terms do not give to you.
16. Warranties and disclaimer
Each party states that it has the authority to accept these Terms.
Except as these Terms state, Solar 360 gives the Service, the Public Records, and all content in the Service “as is” and “as available”. To the full extent that the law allows, Solar 360 gives no other warranties, express or implied. This includes the warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will work without interruption or errors, or that it will keep all data without loss.
- Maps, Public Records, Street View photos, GPS positions, and distances can be wrong.
- Commissions, payroll, reports, and other amounts that the Service calculates depend on the data and the rules that the Customer puts in. The Customer must check each amount before it pays it.
- The Service does not give legal, tax, financial, or employment advice.
17. Limitation of liability
To the full extent that the law allows, neither party is liable for indirect, incidental, special, consequential, or punitive damages. Neither party is liable for loss of profits, revenue, business, goodwill, or data. This applies even if the party knew that such damages were possible.
To the full extent that the law allows, the total liability of each party is limited to the Fees that the Customer paid to Solar 360 in the 12 months before the claim. This limit applies to all claims together that relate to these Terms or to the Service.
These limits do not apply to:
- the duty of the Customer to pay the Fees
- the duties of the Customer under section 18
- a breach of section 10 by the Customer or its Users
- liability that the law does not let a party limit, such as liability for fraud or for willful misconduct
18. Indemnity
The Customer will defend Solar 360, Aeon Technologies Global, LLC, and their officers, employees, and agents against each claim of a third party that comes from:
- Customer Data, or the way the Customer collected it
- the contact of the Customer or its Users with Homeowners or other people, including visits to their door, calls, text messages, and emails
- a breach of section 9 or section 10 by the Customer or its Users
- the dealings of the Customer with its Homeowners, Users, and contractors, including sales, installations, commissions, and pay
A claim includes a suit or a proceeding. A government authority can be a third party. The Customer will pay the damages, fines, settlements, and reasonable legal fees that result from such a claim. Solar 360 will:
- tell the Customer about the claim without delay
- let the Customer control the defense and the settlement
- give reasonable help, at the cost of the Customer
A late notice decreases the duty of the Customer only as much as the delay harms the defense. The Customer must not settle a claim in a way that admits fault for Solar 360 or gives a duty to Solar 360, without our written consent.
19. Governing law and venue
The laws of the State of New Hampshire govern these Terms and every dispute about them or about the Service, without regard to the rules on conflict of laws. The state and federal courts of New Hampshire have exclusive jurisdiction over such disputes. Each party accepts the personal jurisdiction of these courts.
20. Changes to these Terms
- We can change these Terms. The date of the last change and the version number are at the top of this page.
- For a material change, we send an email to the Owner, and we show a notice in the Service. We do this at least 30 days before the change takes effect. The notice gives the date of effect.
- Other changes, such as corrections and clearer words, take effect when we publish them on this page.
- A change that a law or a court requires can take effect sooner, as the law requires.
- If you do not accept a change, cancel the subscription before the change takes effect. If you use the Service after that date, you accept the change.
- A change does not apply to a dispute that started before the change took effect.
21. Notices
- We send notices to the email address of the Owner, or we show them in the Service. An email notice takes effect when we send it. Keep the email address of the Owner current.
- Send notices to us at support@solar360.io. For a legal notice, write “Legal notice” in the subject.
- You can also send a legal notice by mail to Solar 360, LLC, 31 Hawk Dr, Salem, NH 03079.
22. General terms
- Entire agreement. These Terms, the DPA, and the prices that Solar 360 and the Customer agree on and that the billing page shows (section 5) are the entire agreement about the Service. They replace all earlier agreements on this subject. The terms of a purchase order or another document of the Customer do not apply.
- Order of priority. If these Terms and the DPA do not agree about the processing of Customer Data, the DPA controls.
- Transfer. Neither party can transfer these Terms without the written consent of the other party. But each party can transfer them, with a notice, to an affiliate, or to a company that acquires all or most of its business or assets.
- Events outside control. Neither party is liable for a delay or a failure that events outside its reasonable control cause. Examples are natural disasters, war, strikes, failures of internet or power providers, and acts of government. This does not apply to the duty to pay the Fees.
- Independent parties. These Terms do not make a partnership, a joint venture, an employment, or an agency between the parties.
- No third-party beneficiaries. Only the parties have rights under these Terms, except the persons that section 18 protects.
- Severability. If a court finds that a part of these Terms is not enforceable, the court changes that part only as much as necessary. The other parts stay in effect.
- No waiver. If a party does not enforce a right, or enforces it late, the party does not give up that right.
- Electronic contract. Acceptance in the Service has the same effect as a signature on paper.
- Headings. The headings make the Terms easy to read. They do not change the meaning.
23. Contact us
- Solar 360, LLC, 31 Hawk Dr, Salem, NH 03079, United States
- support@solar360.io