Terms of Service

1. Acceptance of Terms

By accessing or using SurgePV's website (surgepv.com) and solar design software platform ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

These Terms apply to all visitors, users, and subscribers of our Services.

2. Description of Services

SurgePV provides a cloud-based solar design, proposal, and financial analysis software platform. Our Services include but are not limited to:

• AI-powered roof modeling and solar panel layout design
• Shading analysis and energy yield forecasting
• Financial modeling and ROI calculations
• Proposal generation and client-facing presentations
• Clara AI assistant for design guidance
• Permit-ready documentation generation

3. Account Registration

To use certain features of our Services, you must register for an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activity under your account
• Notify us immediately of any unauthorized use

4. Subscription and Billing

SurgePV offers subscription-based pricing plans. By subscribing, you agree to:

• Pay all fees associated with your chosen plan
• Subscriptions renew automatically unless cancelled
• Price changes will be communicated with 30 days' notice
• Refunds are handled per our refund policy

Free trial periods are available. At the end of a trial, you must subscribe to continue using paid features.

5. Acceptable Use

You agree not to use our Services to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Transmit malware, viruses, or malicious code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Reverse-engineer, decompile, or disassemble our software
• Use the Services to build a competing product
• Share your account credentials with unauthorized parties

6. Your Data and Content

You retain ownership of all data and content you create using our Services, including project designs, proposals, and reports ("Your Content"). By using our Services, you grant SurgePV a limited license to store, process, and display Your Content solely to provide the Services.

You are responsible for ensuring that Your Content does not violate any third-party rights or applicable laws.

7. Intellectual Property

SurgePV and its licensors retain all rights, title, and interest in the Services, including all software, algorithms, designs, text, graphics, logos, and trademarks. These Terms do not grant you any rights to our intellectual property except the limited right to use the Services as described herein.

8. Accuracy of Results

While SurgePV strives to provide accurate solar design calculations, energy forecasts, and financial projections, results are estimates based on available data sources and modeling algorithms. SurgePV does not guarantee the accuracy of any calculations or forecasts. You are responsible for verifying results before relying on them for business decisions, permitting, or financing.

9. Third-Party Integrations

Our Services may integrate with third-party services and data sources (weather data, satellite imagery, equipment databases). We are not responsible for the accuracy, availability, or reliability of third-party data or services.

10. Limitation of Liability

To the maximum extent permitted by law, SurgePV shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of the Services.

Our total liability for any claims arising from these Terms or the Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

11. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Indemnification

You agree to indemnify and hold harmless SurgePV, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of the Services or violation of these Terms.

13. Termination

We may suspend or terminate your access to the Services at any time for violation of these Terms or for any other reason at our discretion. Upon termination, your right to use the Services ceases immediately. You may export your data before termination. We will retain your data for 30 days after termination, after which it may be permanently deleted.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which SurgePV is incorporated, without regard to conflict of law provisions.

15. Dispute Resolution

Any disputes arising from these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules.

16. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the platform or via email. Your continued use of the Services after changes constitutes acceptance of the updated Terms.

17. Contact Us

If you have questions about these Terms of Service, please contact us:

• Email: legal@surgepv.com
• Website: surgepv.com/demo