1. Introduction
These Terms of Use ("Terms") govern the use of the SunCount solar calculator service ("Service") provided by NQ Enterprise AB ("SunCount," "we," or "us"). The Service is for business use only and is intended for companies, not consumers or private individuals. By purchasing and using our Service, you ("User," "Customer," or "Company") agree to these Terms. The User confirms they are a registered company or business entity.
2. Payment and Subscription Terms
2.1 Upfront Payment: Upon purchasing the SunCount service, an upfront non-refundable fee is required for the installation and customization of the solar calculator (if there's no other agreement between the User and SunCount). This payment is processed through Stripe or other third-party providers and constitutes acceptance of these Terms.
2.2 Subscription: After installation, the calculator remains functional based on an active monthly subscription. The subscription fee will be charged automatically via Stripe on a recurring monthly basis. The subscription is required to maintain access to the Google Solar API and other essential features. Without an active subscription, the calculator will cease to function.
2.3 Cancellation Policy:
3. Data and Service Accuracy
3.1 Google Solar API Dependency: The SunCount solar calculator relies on the Google Solar API for location-based solar estimates. SunCount cannot guarantee the accuracy of data from the Google Solar API. Any estimates are based on a combination of Google’s data and User-supplied information.
3.2 Service Limitations: If Google does not provide sufficient data for a specific location, the calculator will not be able to generate estimates for that address. SunCount is not liable for any missing or incomplete data provided by Google.
3.3 User Responsibility for Data: The User is solely responsible for ensuring the accuracy of the data entered into the calculator, including pricing, technical details, and other information provided to end-users. SunCount disclaims any liability for inaccuracies, errors, or disputes between the User and their customers.
3.4 No Guarantee of Leads: SunCount does not guarantee the quantity or quality of leads that will be generated by using the calculator. SunCount is not responsible for the conversion rate or the quality of leads obtained through the calculator.
4. User Responsibilities and Security
4.1 Website Access: After installation, the User is responsible for changing passwords and removing SunCount’s access to their website to ensure security. SunCount will not be liable for any unauthorized access, breaches, or security issues if the User does not take these precautions.
4.2 Compliance: It is the User’s sole responsibility to ensure that their use of the solar calculator complies with any and all local laws, energy regulations, and legal requirements. SunCount does not guarantee compliance with any local, state, or national laws and disclaims liability for any legal disputes that may arise due to improper use.
It is the user's own responsibility to inform their website visitors and customers that they use a third-party supplier to generate leads via the website. It is further up to the user to clarify this in their own privacy policies and any terms of use. In the event that we help to install a Meta pixel or other tracking tool in the calculator, it is also the user's responsibility to inform their potential customers and website visitors that these types of tracking tools appear on the website. SunCount expressly disclaims any disputes that may arise between the user and its customers or potential customers.
4.3 Installation Disclaimer: While SunCount aims to install the customized calculator on your website within 24 hours of receiving the completed onboarding form, the actual installation time may vary depending on the promptness of form completion, workweek constraints, and other factors beyond our control. Installation timelines are not guaranteed, and SunCount is not liable for delays.
5. Non-Refundable Fees
5.1 Refund Eligibility: The upfront setup fee is non-refundable, except in cases where the User requests a refund before submitting the onboarding form and before any work has begun. Once the onboarding process has started, no refunds will be issued.
5.2 Subscription Refunds: Subscription fees are non-refundable. If the User cancels the subscription, it will terminate at the end of the current billing cycle without any pro-rated refund.
6. Use of Third-Party Services
SunCount may use third-party services such as payment processors (Stripe), hosting providers, and email marketing platforms in the provision of its services. By using SunCount, the User agrees that these third-party services may collect and store data as required for the performance of SunCount services. SunCount is not liable for any interruptions, inaccuracies, or issues caused by third-party services.
7. Force Majeure
7.1 Definition: Force Majeure refers to any event beyond our reasonable control, including but not limited to natural disasters, war, terrorism, strikes, failure of internet infrastructure, and any issues with third-party services, including the Google Solar API.
7.2 Effect: In the event of a Force Majeure, SunCount is not liable for delays, interruptions, or failures to deliver the Service. This includes any changes or disruptions in the Google Solar API or any third-party data provider. No refunds will be issued for interruptions caused by Force Majeure.
8. Intellectual Property Rights
8.1 Ownership: SunCount retains all intellectual property rights related to the calculator, its software, and its design. The User is granted a non-transferable, non-exclusive license to use the calculator during the active subscription.
8.2 Marketing and Case Studies: By agreeing to these Terms, the User grants SunCount the right to use their company name and logo for marketing purposes, case studies, or as part of our customer portfolio.
9. Service Availability and Modifications
9.1 Service Modifications: SunCount reserves the right to modify, suspend, or discontinue the Service at any time without liability. This includes updates, changes to data sources, or discontinuations of the Google Solar API.
9.2 Availability: While SunCount aims to provide continuous service, we do not guarantee 100% uptime due to reliance on third-party providers. SunCount is not liable for any service interruptions caused by external factors.
10. Liability Disclaimer and Limitation
10.1 Indemnification: The User agrees to indemnify and hold SunCount harmless from any and all claims, disputes, liabilities, damages, or losses arising from their use of the calculator. This includes any legal disputes, claims by end-users, or inaccuracies in data provided by the User.
10.2 Limitation of Liability: SunCount’s liability is limited to the amount the User has paid over the preceding 12 months. SunCount is not liable for indirect, incidental, or consequential damages resulting from the use or inability to use the calculator.
10.3 Class Action Waiver: The User agrees to waive the right to participate in any class action lawsuit or collective legal action against SunCount.
11. Data Privacy and Security
We respect and protect User privacy. All personal and payment data are handled in compliance with GDPR and relevant laws. For more details, refer to our Privacy Policy.
12. Governing Law and Dispute Resolution
These Terms are governed by Swedish law. Any disputes arising from these Terms will be resolved through arbitration in Sweden, and Swedish courts shall have exclusive jurisdiction. SunCount is not responsible for legal actions brought in any non-Swedish jurisdiction.
13. Amendments to Terms
SunCount reserves the right to amend these Terms at any time. All amendments will be posted on our website. By continuing to use the Service, the User agrees to any updated Terms.
14. Company Information
SunCount.io is owned and operated by NQ Enterprise AB, a company registered in Sweden. All matters relating to these Terms are subject to Swedish law and jurisdiction.
