Terms of Service

Last updated on July 4th, 2019

USER ACCEPTANCE OF TERMS OF SERVICE

By accessing and using the SolarSkyrise Platform (“Platform”), you (“the User”) accept and agree to be bound by the terms and provision of this agreement (“Terms”) for you as a user of our commercial service (“Service”). In addition, when using the Platform, you will be subject to any posted guidelines or rules applicable. Any participation in the Platform will constitute acceptance of this agreement. If youdo not agree to abide by the above, please do not use the Platform. These Terms of Service are a legally binding contract between you and SolarSkyrise Inc. regarding your use of the Service.

Please read these Terms of Service carefully. Feel free to contact us with any questions or issues.

SECTION 1 - 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 Service; and (c) your registration and your use of the Service 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.

SECTION 2 - SOLARSKYRISE PRIVACY POLICY

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

SECTION 3 - SOLARSKYRISE DISCLAIMER OF LIABILITY FOR PLATFORM USE

SolarSkyrise will not be responsible or liable for the accuracy, usefulness, or availability of any information made available via the Platform. We will not be liable for any damages or negative outcomes that come out of your or anyone’s use of the Platform.

More formally:

SOLARSKYRISE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHEREXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. SOLARSKYRISE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT.

SolarSkyrise does not warrant that the services are error-free or that operation of the services will be secure or uninterrupted. SolarSkyrise does not warrant that any information provided through the services is accurate or complete or that any information provided through the services will always be available. SolarSkyrise exercises no control over and expressly disclaims any liability arising out of or basedupon the results of the user’s use of the services or reliance on any data obtained through the service.

SolarSkyrise will not, under any circumstances, be liable to the user for damages of any kind, including consequential, incidental, special, or exemplary damages arisingout of or related to these terms, including but not limited to lost profits or loss of business, even if SolarSkyrise is apprised of the likelihood of such damages occurring.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SOLARSKYRISE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, 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 SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, 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 ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR SOLARSKYRISE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SOLARSKYRISE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OFTHE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOLARSKYRISE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT SOLARSKYRISE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SOLARSKYRISE ENTITIES BE LIABLE TO YOU FOR ANY 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 SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SOLARSKYRISE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SOLARSKYRISE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TOTHE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO SOLARSKYRISE FOR ACCESS TO ANDUSE OF THE SERVICE 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.

SECTION 4 - DISCLAIMER OF THIRD-PARTY INTEGRATIONS
SolarSkyrise Third Party Services and Linked Websites

SolarSkyrise may provide tools through the Service that enable you to export information, including User Content (defined below), to third party services (including through features that allow you to link your account on SolarSkyrise 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 Service 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 Software

The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third Party Components under those third party licenses.

SECTION 5 - SOLARSKYRISE OWNERSHIP OF INTELLECTUAL PROPERTY

The Site and its original content, features, and functionality are owned by SolarSkyrise Inc. and are protected by international 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 you obtain from the Platform; they are SolarSkyrise intellectual property. You may use outputs of the Platform as reference and guidance in pursuing clean energy development. You mayalso use them in their entirety as sales collateral with your customers.

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. Certain portions of the Platform may be available under open source licensesfrom other sources. Nothing in these Terms restricts your ability to obtain and use any applicable software from any third-party sources.

SECTION 6 - LIMITED LICENSE GRANT TO SOLARSKYRISE

By providing User Data to or via the Service, you grant SolarSkyrise 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 hereafter developed.

SECTION 7 - USER DATA REPRESENTATION 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 Service. By providing User Data via the Service, 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 Service to use and distribute your User Data as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by SolarSkyrise, the Service, and 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, right of publicity, or any other intellectual property or proprietary right
SECTION 8 - 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.

SECTION 9 - SOLARSKYRISE RIGHT TO TERMINATE ACCOUNTS

We may terminate your access to the Platform, for any cause, without any requirement of advance notice. This termination may result in the forfeiture and destruction of information associated with your account. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminates. 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.

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay SolarSkyrise any unpaid amount that was due prior to termination.

You, the User, have the right to stop using our service at any time. Cancellation of a paid subscription requires 30 days of notice.

SECTION 10 - 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 Service for any illegal purpose or in violation of any local, state, national, or international law
  • Create an account on the Service or otherwise enter any information into the Service 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 Service, 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 Service except to the extent that the activity is expressly permitted
  • Interfere with the operation of the Service or any user’s enjoyment of the Service, 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 Service; (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 Service
  • Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials;
SECTION 11 - 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).

SECTION 12 - PAYMENTS
Price

SolarSkyrise reserves the right to determine pricing for the Service. 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. SolarSkyrise may change the fees for any feature of the Service, including additional fees or charges, if SolarSkyrise gives you advance notice of changes before they apply. 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 offer or these Terms.

Authorization

You authorize SolarSkyrise to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by SolarSkyrise, to the payment method specified in your account. 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

The Service 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 Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee 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.

Free Trials

SolarSkyrise may offer limited free trials for new users of its service. 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.

SECTION 13 - SOLARSKYRISE RIGHT TO CHANGE THESE TERMS WITH USER NOTICE

SolarSkyrise reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made in a way that is easy for you to see in the normal course of using the Platform. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by email will be made to those affected by the change.

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.

SECTION 14 - SOLARSKYRISE RIGHT TO MODIFY OR DISCONTINUE THE SERVICE

SolarSkyrise reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. SolarSkyrise will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

SECTION 15 - CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. 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.

SECTION 16 - 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.

SECTION 17 - 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 Service from our offices in Manitoba, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

SECTION 18 - INDEMNITY

To the fullest extent permitted by law, you are responsible for your use of the Service, 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 Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. 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.

SECTION 19 - 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.

SECTION 20 - SEVERABILITY

If any part of these Terms are 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 SolarSkyrise Services under these Terms is found to be illegal, unenforceable, or invalid, your right to use the SolarSkyrise Services will immediately terminate.

SECTION 21 - CONTACT INFORMATION

Any inquiries related to the SolarSkyrise Terms of Service can be sent to info@solarskyrise.com