1. Acceptance of Terms
By accessing, registering for, or using the Easy Install Solar CRM platform ("Service"), you agree to be bound by these Terms of Service. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree with these Terms, you may not use the Service.
2. License and Access
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, and revocable right to access and use the Service strictly for your internal business operations.
You shall not (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Service; (b) modify or make derivative works based upon the Service; (c) reverse engineer or access the Service in order to build a competitive product or service; or (d) use the Service to store or transmit infringing, libelous, or otherwise unlawful material.
3. Account Registration & Security
You are responsible for maintaining the confidentiality of all login credentials associated with your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your login credentials.
4. Customer Data and Privacy
You retain all rights, title, and interest in and to all data, information, and materials provided or inputted by you or your users into the Service ("Customer Data"). You grant us a worldwide, limited-term license to host, copy, transmit, and display Customer Data strictly as necessary for us to provide the Service.
We will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Customer Data, in accordance with our Privacy Policy.
5. Fees and Payment Terms
Subscription Fees: You agree to pay all fees associated with your chosen subscription plan. Fees are billed in advance on a monthly or annual basis and are non-refundable.
Auto-Renewal: Unless otherwise specified, your subscription will automatically renew for a successive subscription term of the same length unless you provide written notice of non-renewal prior to the end of the current term.
Taxes: Fees do not include any taxes, levies, duties or similar governmental assessments. You are responsible for paying all applicable taxes associated with your purchases.
Late Payments: If any undisputed amounts are past due, we may suspend your access to the Service until such amounts are paid in full.
6. Service Level Agreement (SLA)
Uptime Commitment: We commit to providing a 99.9% uptime for the Service, measured on a monthly basis, excluding scheduled maintenance.
Scheduled Maintenance: We will use commercially reasonable efforts to notify you at least 48 hours in advance of any scheduled maintenance that may cause service interruption.
Service Credits: If we fall short of our 99.9% uptime commitment in any given month, you may be eligible to request a service credit equivalent to a prorated portion of your monthly subscription fee for the period of downtime, subject to our validation of the outage.
7. Term, Suspension, and Termination
Term: These Terms commence on the date you first accept them and continue until all subscriptions granted in accordance with these Terms have expired or been terminated.
Termination for Cause: Either party may terminate these Terms for cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency.
Suspension: We may suspend your account immediately if we reasonably believe your usage threatens the security, integrity, or availability of the Service, or violates our Acceptable Use Policy.
8. Intellectual Property Rights
We alone (and our licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Easy Install Solar CRM technology, content, and the Service. These Terms do not convey any rights of ownership in or related to the Service.
9. Warranties and Disclaimers
Mutual Warranties: Each party represents and warrants that it has the legal power and authority to enter into these Terms.
Disclaimer: EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.
IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS, LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
11. Indemnification
You agree to defend, indemnify, and hold us harmless against any claim, demand, suit, or proceeding made or brought against us by a third party alleging that your Customer Data, or your use of the Service in breach of these Terms, infringes or misappropriates such third party's intellectual property rights or violates applicable law.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Easy Install Solar CRM is registered, without regard to its conflict of law principles. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration, except that either party may bring claims for injunctive relief in any court of competent jurisdiction.
13. Changes to these Terms
We may update these Terms from time to time to reflect changes in our business or legal requirements. If we make material changes, we will notify you by email or through the Service prior to the changes taking effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the updated Terms.
14. Contact Information
If you have any questions, concerns, or legal inquiries regarding these Terms, please contact our legal team at:
Email: partnerships@easyinstallsolar.com