EULA
SOLARGRADE MOBILE APP END USER LICENSE AGREEMENT
Last Updated: November 1st, 2022
This SolarGrade Mobile App End User License Agreement (“EULA”) is a binding agreement between you (“End User” or “you”) and HelioVolta LLC (“HelioVolta”) and governs your use of the SolarGrade mobile application, (including all related documentation, the “SolarGrade App”). The SolarGrade App is licensed, not sold, to you.
BY CLICKING THE “AGREE” BUTTON OR DOWNLOADING, INSTALLING, OR USING THE SOLARGRADE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE SOLARGRADE APP AND DELETE IT FROM YOUR MOBILE DEVICE.
1. License Grant.
Subject to the terms of this EULA, HelioVolta grants you a limited, non-exclusive, revocable, and nontransferable license to:
(a) download from a legitimate marketplace (such as Apple’s iTunes store), install, and use the SolarGrade App for your personal use in connection with HelioVolta’s SolarGrade solar management platform (“SolarGrade”) on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the SolarGrade App’s documentation; and
(b) provided you are an authorized user of SolarGrade, access, stream, download, and use on the Mobile Device the Service (as defined in Section 5) made available in or otherwise accessible through the SolarGrade App, strictly in accordance with this EULA and the Terms of Service applicable to the Service as set forth in Section 5.
2. License Restrictions.
You shall not:
(a) copy the SolarGrade App, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the SolarGrade App;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the SolarGrade App or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the SolarGrade App, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the SolarGrade App, or any features or functionality of the SolarGrade App, to any third party for any reason, including by making the SolarGrade App available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the SolarGrade App.
3. Reservation of Rights.
You acknowledge and agree that the SolarGrade App is provided under license, and not sold, to you. You do not acquire any ownership interest in the SolarGrade App under this EULA, or any other rights other than to use the SolarGrade App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA. HelioVolta and its licensors and service providers reserve and retain their entire right, title, and interest in and to the SolarGrade App, including all copyrights, trademarks, and other intellectual property rights in the SolarGrade App, except as expressly granted to you in this EULA.
4. Collection and Use of Your Information.
You acknowledge that when you download, install, or use the SolarGrade App, HelioVolta may use automatic means to collect information about your Mobile Device and about your use of the SolarGrade App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the SolarGrade App or its features or functionality, and the SolarGrade App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this SolarGrade App is subject to our Privacy Policy [PRIVACY POLICY LINK]. You also acknowledge and agree that the SolarGrade App may collect and send your location information to us from your Mobile Device as part of the functionality and features of the Service and that such location information may be accessed by us and by other authorized users under the SolarGrade account you are accessing through the SolarGrade App. Disabling such location-based information collection may limit the functionality of the Service that uses such information.
5. SolarGrade Service.
For authorized users of SolarGrade, the SolarGrade App provides a means of access and use of SolarGrade (the “Service”) through your Mobile Device. Your access to and use of the Service is governed by SolarGrade’s Terms of Service located at [TERMS OF SERVICE LINK] and the agreement between HelioVolta and the subscriber to the Service that has authorized your use of the Service (the “Service Agreement”). Any violation of the Terms of Service will also be deemed a violation of this EULA.
6. Updates.
HelioVolta may from time to time in its sole discretion develop and provide SolarGrade App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that HelioVolta has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality in the SolarGrade App. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either:
(a) the SolarGrade App will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the SolarGrade App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the SolarGrade App and are subject to the terms and conditions of this EULA.
7. Term and Termination.
(a) The term of Agreement commences when you download and install the SolarGrade App and will continue in effect until terminated by you or HelioVolta as set forth in this Section 7.
(b) You may terminate this EULA by deleting the SolarGrade App and all copies thereof from your Mobile Device.
(c) HelioVolta may terminate this EULA at any time without notice if it ceases to support the SolarGrade App, which HelioVolta may do in its sole discretion, or in the event of the termination of the Service Agreement pursuant to which you are an authorized user. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this EULA.
(d) Upon termination:
(i) all rights granted to you under this EULA will also terminate; and
(ii) you must cease all use of the SolarGrade App and delete all copies of the SolarGrade App from your Mobile Device and account.
(e) Termination will not limit any of HelioVolta’s rights or remedies at law or in equity.
8. Disclaimer of Warranties.
THE SOLARGRADE APP IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOLARGRADE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOLARGRADE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOLARGRADE APP OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES OR ANY OTHER LIABILITY IN AMOUNTS THAT IN THE AGGREGATE EXCEED $50 USD.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
10. Export Regulation.
The SolarGrade App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the SolarGrade App to, or make the SolarGrade App accessible from, any person, jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the SolarGrade App available outside the US.
11. US Government Rights.
The SolarGrade App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the SolarGrade App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
12. Severability.
If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect; provided, however, that if any fundamental term or provision of this EULA, is invalid, illegal, or unenforceable, the remainder of this EULA shall be unenforceable.
13. Governing Law.
This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this EULA or the SolarGrade App shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Diego County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. Entire Agreement.
This Agreement constitutes the entire agreement between you and HelioVolta with respect to the SolarGrade App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the SolarGrade App.
15. Waiver.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any applicable purchase or other terms, the terms of this EULA shall govern.
16. Apple Store Terms.
If you downloaded the SolarGrade App through Apple’s App Store, then this Section 16 applies. You acknowledge that this EULA is between you and HelioVolta only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
17. Contact Us.
The SolarGrade App and the Service are offered by HelioVolta LLC, creator of SolarGrade located at 2553 Luciernaga St, Carlsbad, CA 92009; solargrade@heliovolta.com.