SolarPath Insights, Inc. and/or its affiliates ("SolarPath", "we" "our" or "us") operate an online service ("SolarPath.io") located at www.solarpath.io from which you may purchase products and services ("SolarPath Products").
These Terms of Use apply to the content and functionality of the SolarPath.io, and to the SolarPath.io Products.
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Last updated: Jan 20, 2023     Effective date: Jan 20, 2023

1. Information that you provide to us
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The Customer, ( "you") may give us information about yourself when you visit the SolarPath.io. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the SolarPath.io platform and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with "STOP", or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your services.
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2. SolarPath.io IP
As between you and SolarPath, SolarPath and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the SolarPath.io (collectively, "SolarPath IP"). SolarPath IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in SolarPath IP not expressly granted to you in these Terms of Use are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to the SolarPath or our products or services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that SolarPath has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to SolarPath.io

SolarPath grants you a limited, revocable, non-exclusive, non-transferable license to access the SolarPath.io. This license does not include a right to use any of the content and information. Your permissions and/or licenses are automatically terminated by any unauthorized use.

4. Products, Content and Specifications.

Details of the products and services available for purchase from SolarPath ("SolarPath Products") are set out in the website (www.solarpath.io). All features, content, specifications, products and prices of products and services described or depicted in SolarPath are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in SolarPath.io at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the delivery of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Included Responses and Definitions: Included Responses are any responses produced from making a request to the node using HTTP or Websocket endpoints. Only responses with http return status 200 are counted.

5. Subscriptions

a. Subscription terms. We may offer you the ability to purchase subscriptions via SolarPath.io. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.

b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us (support@solarpath.io). If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.

c. Cancellation. Your subscriptions for Developer, Team and Growth plans shall continue on an on rolling monthly basis until you cancel. You have the right to cancel your subscription anytime and it's effective immediately.

6. Your account
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We may require that you create an account to access SolarPath.io, including to make purchases, limited to one account per Customer. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. In our sole discretion, we reserve the right to terminate your account at any time and for any reason.

7. Usage Alerts
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In order to keep you informed as API are used, a number of alerts are sent to you. As part of your alert notification that you receive during the monthly subscription period, the number of API consumed is shown as a percentage in the alerts. As soon as your daily number of API are used up, daily alerts will be sent out for overages, which are not included in the monthly subscription price. Keeping track of your daily usage and overages are your responsibility. Additionally, you have the capability of viewing your usage in the user dashboard in real time.

8. Billing

The number of API are included in the plan with a monthly fee that will be charged to your chosen payment method at the start of the service term. Service terms begin with the date you elect your plan and automatically renew every month until you cancel it. Overage usage will be billed at the overage rate throughout the term of your service. All overage charges are your responsibility.

9. Refunds

Unless we tell you otherwise, you will only be entitled to a refund if we provide you with a service that does not match the product description of the service that you purchased. If that occurs, your exclusive remedy is to contact us for a refund. To begin the return process, please contact us.

10. Sanctions and export policy
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You may not use SolarPath.io or purchase any SolarPath service in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the PRC Unreliable Entity List. We do not claim, and we cannot guarantee that the SolarPath.io or any SolarPath Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

11. No warranties
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We provide SolarPath.io, SolarPath IP and SolarPath Products "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by SolarPath or obtained by you from or through the SolarPath.io – whether from SolarPath or another entity, and whether oral or written – creates or implies any warranty from SolarPath to you.

SolarPath disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the SolarPath.io; (b) that the SolarPath.io Products will meet your specific needs or requirements; (c) that the SolarPath.io will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that SolarPath will correct any defects or errors in the SolarPath.io; or (e) that the SolarPath.io is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the SolarPath.io is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

12. Limitation of liability

Under no circumstances will SolarPath be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use SolarPath.io or for the unavailability of SolarPath.io, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of SolarPath.io, even if such damages are foreseeable, and whether or not you or SolarPath has been advised of the possibility of such damages. SolarPath is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of SolarPath.io or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. SolarPath further denies responsibility for all liability and damages to you or others caused by (a) your access or use of SolarPath.io inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with SolarPath.io; (c) any bugs, viruses, or other harmful code that may be transmitted to or through SolarPath.io; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by SolarPath in relation to SolarPath.io, SolarPath IP, and SolarPath Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to SolarPath during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.

Notwithstanding the foregoing, you agreed by using SolarPath.io, SolarPath IP, and SolarPath Products, you have unlimited liability for gross negligence, willful misconduct, fraud, or misrepresentation.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

13. Applicable law

By using SolarPath.io, you agree that the laws of the HongKong, PRC, Except as subject to resolution, any claim, suit, action, acting or proceeding hereunder must be brought in the courts located in the HongKong jurisdiction, without regard to principles of conflict of laws, Hong Kong court shall have jurisdiction over these Terms of Use and any dispute of any sort that might arise between you and SolarPath.

14. Modification and severability
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We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of SolarPath.io by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the "Last updated" date at the top of the page. Your continued use of our services constitutes your acceptance of updated terms.

15. Publicity
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You consents to SolarPath's use of you's name and logo and general description of you's relationship with SolarPath in press releases and other marketing materials and appearances. You further permits SolarPath to use it as a reference account for marketing purposes and agrees, from time to time, to support SolarPath by participating in reference phone call(s) and other marketing events including with press, analysts, and SolarPath's existing or potential investors or customers upon reasonable request by SolarPath.

16. Force Majeure
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Except for payment obligations under the Agreement, neither party will be liable for failure to perform or inadequate performance to the extent caused by a condition that was beyond the party's reasonable control, including, for example, an act of God, natural disaster, act of war or terrorism, riot or civil arrest, labor conditions, governmental action, disruption of telecommunications, failure or delay of internet services providers or internet disturbance, disruption of power or other essential services.

17. Relationship of the Parties
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The parties are independent contractors. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

18. Third-Party Beneficiaries
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There are no third-party beneficiaries under the Agreement or the Documentation.