SolaTron Terms & Conditions
Effective Date: 03/31/2024
These Terms and Conditions ("Terms") constitute a legally binding agreement between Hyper Hyve LLC ("Hyper Hyve," "we," "us," or "our") and you ("you" or "User") regarding your access to and use of the SolaTron software as a service platform (the "Service").
1. Acceptance of Terms
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all of these Terms, you are not authorized to use the Service.
2. Description of Service
SolaTron is a SaaS platform that provides tools for solar proposal generation, lead management, project management, and contract tracking. And may offer new or beta versions of the service and all the following terms apply to any service Solatron provides.
3. User Accounts
You may need to create an account to access and use certain features of the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. User Content
You retain all user rights to the data you upload or input into the Service ("Customer Data"). By using the Service, you grant Hyper Hyve a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute your Customer Data solely for the purpose of providing you with the Service.
5. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not:
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Use the Service in any manner that could damage, disable, overburden, or impair the Service.
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Attempt to gain unauthorized access to the Service or any related systems or networks.
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Use the Service to store or transmit any illegal content, including viruses or malware.
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Violate the intellectual property rights of others.
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Engage in any harassing, abusive, or discriminatory behavior.
6. Intellectual Property
The Service, database data, and all intellectual property rights associated therewith, including copyrights, trademarks, and patents, are owned by Hyper Hyve or its licensors.
7. Third-Party Services
The Service may integrate with or contain links to third-party services. Your use of such third-party services is governed by their respective terms and conditions. We are not responsible for the content or practices of any third-party services and it is the users responsibility to familiarize themselves with those services' terms and policies. You may request information on the 3rd party platforms you are using in order to identify those terms and policies.
8. Disclaimers
You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not:
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Use the Service in any manner that could damage, disable, overburden, or impair the Service.
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Attempt to gain unauthorized access to the Service or any related systems or networks.
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Use the Service to store or transmit any illegal content, including viruses or malware.
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Violate the intellectual property rights of others.
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Engage in any harassing, abusive, or discriminatory behavior.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPER HYVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, EVEN IF HYPER HYVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS A USER YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION GENERATED AND PRESENTED TO OTHER USERS, LEADS, CUSTOMERS, AND ALL SIMILAR VIEWERS OF THE DATA THE SOLATRON SYSTEM GENERATES.
10. Term and Termination
These Terms will remain in effect until terminated by you or Hyper Hyve. We may terminate these Terms at any time for any reason, with or without notice. You may terminate these Terms by discontinuing your use of the Service.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in Eau Claire, WI.
12. Entire Agreement
These Terms constitute the entire agreement between you and Hyper Hyve regarding your use of the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.
13. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
14. Subscription Service
Solatron in a product and accessible through a subscription service.
Provision of Subscription Services. Subject to your compliance with the terms and conditions of this Agreement including any payment due, Hyper Hyve will provide you with the Subscription Services, and hereby grants you and your Authorized Users a non-exclusive and non-transferable license to: (a) access and use the Subscription Services solely for your internal business purposes and solely by no more than the number of Authorized Users for which you have paid the applicable Fees, and (b) reproduce and distribute to your solar clients or prospective solar clients a reasonable number of copies of Service-Generated Output relating to such client, provided that you do not modify, create derivative works of, publicly display or perform, or remove any identifying legend or marking from such Service-Generated Output. Your rights in the Subscription Services will be limited to those expressly granted in this Section 15. Hyper Hyve and its licensors reserve all rights in and to the Subscription Services not expressly granted under this Agreement.
15. Restrictions on Subscription
You shall not at any time and will not permit or assist any Person (including, without limitation, Authorized Users) to, directly or indirectly: (i) access or use the Subscription Services in any manner beyond the scope of rights expressly granted in this Agreement; (ii) copy, modify, distribute or create derivative works of the Subscription Services, in whole or in part, except as expressly permitted for Service-Generated Output in Section 14 above; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain improper access to any component of, the Subscription Services, in whole or in part, or any systems or networks that connect thereto; (iv) frame, mirror, sell, resell, rent, lease, license, sublicense, or provide access to the Subscription Services to any other Person, or otherwise transfer any of your rights hereunder or allow any Person to access or use the Subscription Services for any purpose other than for your benefit as intended in, and in accordance with, this Agreement; (v) access or use the Subscription Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any Person, or that violates any applicable law; (vi) interfere with, or disrupt the integrity or performance of, the Subscription Services, or any data or content contained therein or transmitted thereby; (vii) access or search the Subscription Services (or download any data or content contained therein or transmitted thereby) through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers or any other similar data mining tools) other than software or Subscription Services features provided by Hyper Hyve for use expressly for such purposes; or (viii) use or access (or permit any Person to access or use) the Subscription Services or any other Hyper Hyve Confidential Information for purposes of monitoring the availability, performance or functionality of the Subscription Services or for any other benchmarking or competitive purposes, or to develop, commercialize, license or sell (or enable or assist any Person to develop, commercialize, license or sell) any product, service or technology that could, directly or indirectly, compete with the Subscription Services. You shall not allow access to or use of the Subscription Services by anyone other than Authorized Users.
16. Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
17. Updates to Terms
We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on the Service. Your continued use of the Service after the posting of revised Terms constitutes your acceptance of the revised Terms.
18. Contact Us
If you have any questions about these Terms, please contact us at:
SolaTron Support
Hyper Hyve LLC