Terms of Service

Last updated on July 6, 2020

User Acceptance of Terms of Service

By accessing and using SolarSkyrise’s software platform (“the Platform”) and the corresponding services provided by SolarSkyrise Inc. (“SolarSkyrise”), you (the "User”) accept and agree to be bound by these Terms of Service (“Terms”).In addition, when using the Platform, you will be subject to any additional guidelines or applicable rules which we may post on the Platform from time to time. 

Please read these Terms carefully. By clicking “accept” or by otherwise accessing or using the Platform, you agree that you have read and understood and agree to be bound by these Terms. If you do not agree to abide by the above, please do not use the Platform. These Terms are a legally binding contract between you and SolarSkyrise regarding your use of the Platform.

Feel free to contact us at the address below with any questions or issues.

Requirements for Use of the Platform

By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

SolarSkyrise Privacy Policy

Through the use of the Platform, certain information about you will be collected by SolarSkyrise. SolarSkyrise’s use of this information is governed by the SolarSkyrise Privacy Policy.

Disclaimer of Liability

THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SOLARSKYRISE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE,OR TRADE. SOLARSKYRISE DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, ADEQUATE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SOLARSKYRISE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR SOLARSKYRISE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING SOLARSKYRISE OR THE PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOLARSKYRISE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT SOLARSKYRISE IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, LOST PROFITS, LOSS OF BUSINESS, OR ANY LOSS OF DATA, INCLUDING USER DATA.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOLARSKYRISE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY MATERIALS OR CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOLARSKYRISE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF SOLARSKYRISE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO SOLARSKYRISE FOR ACCESS TO AND USE OF THE PLATFORM IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY,DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.

Disclaimer of Third-Party Integrations

SolarSkyrise may provide tools through the Platform that enable you to export information, including your User Data (as defined below), to third-party services (including through features that allow you to link your account on the Platform (“Account”) with an account on the third-party service). By using any of these tools, you agree that SolarSkyrise may transfer that information to the applicable third-party service. Third-party services are not under SolarSkyrise’s control, and, to the fullest extent permitted by law,SolarSkyrise is not responsible for any third-party service’s use of your exported information. The Platform may also contain links to third-party websites. Linked websites are not under SolarSkyrise’s control, and SolarSkyrise is not responsible for their content.

Third Party Components

The Platform may include or incorporate third party components such as components licensed as open source software, and such components are made available in the Platform subject to the applicable third party licenses including, without limitation and as applicable, the OpenDatabase License (ODbL) (the “Third Party Components”). SolarSkyrise disclaims all warranties and liability related to such Third-Party Components.

SolarSkyrise Ownership of Intellectual Property

The Platform and its original content, features, and functionality are owned by SolarSkyrise and/or its licensors, and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not re-use logos, website copy, code, or any other information or material you obtain from the Platform; they are the intellectual property of SolarSkyrise and its licensors. Notwithstanding the foregoing, you are granted a limited,revocable, non-exclusive, right during the term of your use of the Platform to use the outputs from the Platform relating to your User Data and use of the Platform for your internal business purposes (and for no other purpose whatsoever).

SolarSkyrise grants to you a limited right to use the Platform under these Terms. SolarSkyrise reserves to itself all rights to all SolarSkyrise technology,including the Platform and any SolarSkyrise Platform usage data collected or obtained by SolarSkyrise, such as improvements to the Platform that are developed based on your usage of the Platform, not expressly granted to you in accordance with these Terms.

Limited License Grant to SolarSkyrise

For the purposes of these Terms, “User Data” means any data, information or materials gathered, compiled, uploaded, created,written, entered, amended, or otherwise authored by you using the Platform, but does not include information or other data proprietary to SolarSkyrise.

By providing User Data to or via the Platform, you grant SolarSkyrise and its agents,affiliates, and subcontractors, a worldwide, non-exclusive, royalty-free,perpetual, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Data, in whole or in part, in any media formats and through any media channels now known or here after developed for the purpose of developing and providing the Platform and any services associated with your use of the Platform to you.

Further, you acknowledge and agree that User Data may be compiled and analyzed by SolarSkyrise on an aggregate, non-personal and de-identified basis ("Aggregate Data"), and SolarSkyrise may share this Aggregate Data with its affiliates, agents, customers, and business partners, and retain it for future use. SolarSkyrise may also disclose Aggregate Data to current and prospective business partners, and to other third parties for other lawful purposes. For greater certainty, Aggregate Data disclosed by SolarSkyrise shall be free from any of its customers’ personal information.

User Data Representations and Warranties

SolarSkyrise disclaims any and all liability in connection with User Data. You are solely responsible for your User Data and the consequences of providing User Data via the Platform. By providing User Data via the Platform, you affirm, represent,and warrant that:

  • You are the creator and owner of the User Data,or have the necessary licenses, rights, consents, and permissions to authorize SolarSkyrise and users of the Platform to use and distribute your User Data as contemplated in these Terms;
  • Your User Data, and the use of your User Data as contemplated by these Terms, does not and will not infringe, violate, or misappropriate any third party right, including any copyright, trademark,patent, trade secret, moral right, privacy right, or any other intellectual property or proprietary right.

Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Platform (“Feedback”), then you hereby grant SolarSkyrise an unrestricted, perpetual, irrevocable, non-exclusive,fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and create other products and services.

SolarSkyrise Right to Terminate Accounts

We may terminate your access to the Platform at any time without cause on 30 days'notice to you. Further, if you violate any provision of these Terms, your authorization to access the Platform may be terminated immediately by SolarSkyrise without notice to you.

You, the User, have the right to stop using the Platform at any time.

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Platform; (b) you will no longer be authorized to access your Account or the Platform; (c) you must pay SolarSkyrise any unpaid amount that was due prior to the date of such termination. For further clarification, you will have the ability to retrieve your User Data through the Platform prior to the termination of your Account, or otherwise through making a request to SolarSkyrise within thirty (30) days of such termination.

All provisions of these Terms that, by their nature, should survive termination will survive termination, including, without limitation, ownership provisions,warranty disclaimers, indemnity, and limitations of liability.

Prohibited User Behaviors

We expressly forbid the following behaviors. We will cancel the Accounts of users who:

  • Access internal Platform resources or “reverse-engineer”internal Platform systems;
  • Use the Platform for any illegal purpose or in violation of any local, provincial, national, or international law;
  • Create an Account on the Platform or otherwise enter any information into the Platform for any company for which you are not an authorized agent;
  • Violate, or encourage others to violate, any right of a third party, including infringing or misappropriating any third-party intellectual property right;
  • Interfere with security-related features of the Platform, including: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform except to the extent that the activity is expressly permitted;
  • Interfere with the operation of the Platform or any user’s enjoyment of the Platform, including: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii)making any unsolicited offer or advertisement to another user of the Platform;(iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform; and
  • Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Account without permission, or selling or otherwise transferring the access granted under these Terms.

Prohibition of Sharing Accounts and of Reselling our Services

Your Account is for you only. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, the User will not, and will not permit or authorize third parties to: use, rent, lease, or otherwise permit third parties to use your Account. You will not use the Platform to provide services to third parties (e.g., as a service bureau).

Payments

Price

SolarSkyrise reserves the right to determine pricing for the Platform. All fees are in U.S.Dollars and are non-refundable. SolarSkyrise will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Fees for the particular products and services offered as part of the Platform may be payable on a one-time or subscription basis, as further detailed below. For greater certainty, SolarSkyrise may change the fees for any feature of the Platform,including additional fees or charges, upon reasonable notice to you (such notice to be published on the Platform). SolarSkyrise, at its sole discretion,may make promotional offers with different features and different pricing to any of SolarSkyrise’s customers. These promotional offers, unless made to you,will not apply to your use of the Platform or these Terms.

Authorization

If you pay any fees with a credit card, SolarSkyrise may seek pre-authorization of your credit card Account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

Subscription Service

Some of the products and services offered as part of the Platform include an initial fee followed by an annual fee for continuing renewals of your subscription to the Platform.  To account for this, the Platform may include automatically recurring payments for periodic charges(“Subscription Service”).  

If you activate a Subscription Service, you authorize SolarSkyrise to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your Account, all accrued sums on or before the payment due date for the accrued sums.

The “Subscription Billing Date” is the date when you purchase your first subscription to the Platform. Your Account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The initial term of the subscription to the Platform will be for a period of one year. After this initial term, the subscription will automatically renew for additional one-year terms unless and until you cancel your subscription, or we terminate it. You must cancel your subscription 30 days prior to its renewal in order to avoid billing of the next periodic Subscription Service to your Account. We will bill the periodic Subscription Service to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by contacting us.

Educational Usage

Use of the Platform subject to an Educational License “Educational License” may be used solely for purposes directly related to learning,training, research or development. When accessing the Platform via an Educational License the Platform cannot be used for commercial, professional or any other for-profit purpose. Educational Licenses are only eligible to be used by students, educators or classrooms or labs at non-profit educational institutions.

Free Trials

SolarSkyrise may offer limited free trials for new users of its Platform. We reserve the right to end that free trial after a period of time of our choosing. You are not entitled to more than one free trial.

SolarSkyrise Right to Change these Terms with User Notice

SolarSkyrise reserves the right to change these Terms from time to time as it sees fit by providing notice of such change on the Platform. Your continued use of the Platform will signify your acceptance of any adjustment to these Terms.  

These Terms,and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SolarSkyrise without restriction.

SolarSkyrise Right to Modify or Discontinue the Platform

SolarSkyrise reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, upon notice to you. SolarSkyrise will have no liability for any change to the Platform or any suspension or termination of your access to or use of the Platform.

Consent to Electronic Communications

You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements,including that those communications be in writing. We may use personal information to inform you of current and new products or services or other developments that we believe will be of interest to users in accordance with Canada’s Anti-Spam Legislation. Such communications may be made by way of telephone, text message, direct messaging, e-mail, or regular mail. Users provide their consent to us contacting them in this manner when they use the Platform, our products or services. Users may opt-out of receiving such communications by contacting us at the address below.

Dispute Resolution

For any dispute you have with SolarSkyrise, you agree to first contact us and try to resolve the dispute with us informally. We strive to ensure that every user has a good experience, and we will attempt to make it right in an amicable manner.

Terms governed by Manitoba Law

These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the Province of Manitoba, Canada, without reference to your choice of law rules and not including the provisions of the 1980 U.N.Convention on Contracts for the International Sale of Goods, without regard to conflict of law principles. Each party hereby irrevocably consents to the exclusive jurisdiction of the courts in Winnipeg, Manitoba in connection with any action arising out of or in connection with these Terms.

You and SolarSkyrise submit to the personal and exclusive jurisdiction of courts located within Winnipeg, Manitoba for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Platform from our offices in Manitoba, and we make no representation that the Platform is appropriate or available for use in other locations.

Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Platform, and you will defend and indemnify SolarSkyrise and its officers,directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability,damage, loss, and expense, including reasonable attorneys’ fees and costs,arising out of or connected with: (a) your unauthorized use of, or misuse of,the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; or (c) your violation of any third party right,including any intellectual property right or confidentiality, other property,or privacy right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Waiver

The waiver by either party of any breach of any provision of these Terms does not waive any other breach. The failure of any party to insist on strict performance of any covenant or obligation in accordance with this these Terms will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms.

Severability

If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the use of the Platform under these Terms is found to be illegal, unenforceable, or invalid, your right to use the Platform will immediately terminate.

Contact information

Any inquiries related to these Terms can be sent to info@solarskyrise.com