Terms of Service

1. Accepting these Terms

You accept these Terms when you create an account, check the box agreeing to them, sign in, or otherwise use the Tool. If you do not agree, do not use the Tool.

The Tool is for business use by professionals in the solar and construction industries. You must be at least 18 years old. If you use the Tool for a company or other organization, you confirm that you are authorized to accept these Terms for it, and “you” means both you and that organization.

If you or your organization has a separate written agreement with Sollega that is signed by both parties and covers the Tool, that agreement controls where it conflicts with these Terms.

2. The Tool

The Tool helps you lay out Sollega racking products on roofs and ground sites, estimate ballast and structural loads, produce reports, drawings and bills of materials (together, “Outputs”), and request quotes from Sollega. Unless Sollega agrees otherwise in writing, the Tool is provided free of charge.

Sollega may change, add or remove features, change the Tool's calculation methods, data sources or published limits, or suspend or discontinue the Tool, at any time. Outputs generated at different times, or before and after such a change, may differ.

3. Outputs are design aids, not engineering services

Outputs are preliminary estimates generated automatically from the information you enter, from third-party data, and from the methods, code editions, data and assumptions built into the Tool. In particular:

• Sollega does not provide engineering services through the Tool, does not act as engineer of record for your project, and does not seal, stamp or certify Outputs. No professional engineer–client relationship is created by your use of the Tool. A document is sealed by Sollega only if Sollega separately issues it, signed and sealed, under a written agreement.
• Before any Output is used for permitting, procurement, construction or installation, a professional engineer licensed in the project's jurisdiction and retained by you or the project owner (the “engineer of record”) must independently review and verify it, including the design loads, the site and building conditions, and compliance with all applicable codes and the requirements of the authority having jurisdiction.
• The Tool does not evaluate whether a roof, building or other structure can carry the array, ballast or any other load. That evaluation is the responsibility of the engineer of record.
• Outputs may not reflect every provision of the building code edition selected, local amendments, or conditions specific to your site. The Tool's methods and data may contain errors.
• The Tool publishes limits on the projects it supports (for example on wind speed, building height, roof slope and roof type). Outputs for projects outside those limits, or produced after a warning has been overridden, are not supported and are used entirely at your own risk.
• Outputs apply only to genuine Sollega products installed according to Sollega's current installation instructions. They must not be used for any other product.
• Any review of a design, report or quote by Sollega personnel is done to prepare a quote or answer your questions. It does not make Sollega responsible for the design or its suitability, and does not replace the engineer of record's review, unless Sollega agrees otherwise in a written agreement signed by both parties.

4. Your responsibility for inputs

Outputs are only as accurate as the information they are based on. You are responsible for the accuracy and completeness of everything you enter or confirm in the Tool, including the project location, design wind speed, seismic and snow values, exposure and risk category, building height, roof dimensions, parapets, roof surface and membrane, setbacks, module and block data, and any value you override or any warning you choose to proceed past. Sollega does not verify your inputs.

Values the Tool fills in or suggests, and data from third parties such as map and satellite imagery, geocoding and hazard data, may be inaccurate, incomplete or out of date. You must confirm them with the engineer of record and against actual site conditions before relying on them.

5. Quotes and purchases

A quote produced or requested through the Tool is an estimate for discussion and is not an offer to sell unless Sollega expressly says so in writing. Prices, availability and lead times may change. Any purchase of Sollega products is governed by Sollega's sales order and terms and conditions of sale, and by the applicable Sollega product warranty, which control over these Terms for that purchase. Nothing in these Terms or in any Output creates, extends or changes a product warranty.

6. Accounts

You must give accurate information when you create an account and keep it up to date. Keep your password confidential and do not share your account; you are responsible for all activity under it.

If you believe your account has been used without your permission, contact Sollega promptly at info@sollega.com. If your organization has a company account, its administrators can invite and remove members and may be able to see and manage the projects of its members. Sollega may approve, decline, suspend or remove any account.

7. Acceptable use

You must not, and must not allow anyone else to:

• use the Tool in violation of any law or of anyone else's rights;
• copy, modify, reverse engineer, decompile or attempt to extract the source code, calculation methods, coefficients or data of the Tool, except to the extent the law expressly allows it despite this restriction;
• access the Tool by automated means (such as scripts, bots or scrapers) other than through the interfaces Sollega provides, or interfere with, overload or disrupt it;
• bypass or test any security, access or usage limit;
• upload malicious code, or content you do not have the right to share;
• use the Tool or its Outputs to build or improve a competing product, or to benchmark it for a competitor;
• present an Output as sealed, approved or certified by Sollega, or alter an Output and present it as Sollega's; or
• copy, trace, download, store or otherwise use Google Maps content from the Tool except as Google's terms allow (see section 11).

8. Your content

As between you and Sollega, you own the project information, drawings, files and other content you submit to the Tool (“Your Content”). You grant Sollega a worldwide, non-exclusive, royalty-free license to host, copy, process and use Your Content to provide and support the Tool, to prepare quotes and fulfil orders, to communicate with you about your projects, to keep records of the designs and Outputs produced, and to improve Sollega's products and services. Sollega may also create aggregated or de-identified data from use of the Tool and use it for any purpose.

When you enter information about other people, such as project contacts or colleagues you invite, you confirm that you have the right to share it with Sollega for these purposes and have given them any notice the law requires.

9. Using Outputs

Subject to these Terms, Sollega grants you a non-exclusive, non-transferable license to use, copy and share Outputs for the project they were produced for, with Sollega products, including sharing them with the project owner, the engineer of record, installers, and the authority having jurisdiction. Sollega keeps all rights in the Tool, its methods, templates and data, and in the content of Outputs other than Your Content.

10. Sollega's rights and feedback

The Tool, its software, design, content, calculation methods and data, and Sollega's names and logos are owned by Sollega or its licensors and are protected by law. Except for the licenses stated in these Terms, you receive no rights in them. If you send Sollega suggestions or other feedback, Sollega may use it without any obligation to you.

11. Third-party services

The Tool uses Google Maps features and content. Your use of them is subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.

The Tool also relies on other third-party services and public data sources, such as government hazard data. Sollega does not control them and is not responsible for their availability or accuracy.

12. Information we collect and communications

Sollega collects the information you provide (such as your name, company, contact details and projects) and, if you accept analytics cookies, information about how you use the Tool, including recordings of your sessions in it. Sollega uses service providers, including providers of hosting, analytics, mapping, email and customer relationship management, to operate the Tool and its business. The Privacy Policy describes what is collected, how it is used and shared, and your choices.

You agree to receive electronic communications from Sollega about your account, projects, quotes and the Tool, and agree that agreements, notices and other communications sent electronically satisfy any requirement that they be in writing.

13. Disclaimer of warranties

The Tool and all Outputs are provided “as is” and “as available,” without warranties of any kind. To the maximum extent permitted by law, Sollega disclaims all warranties, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy, and any warranty that the Tool will be uninterrupted, error-free or secure, that Outputs will be accurate, complete or suitable for any project, or that they comply with any code or regulation.

Keep your own copies of Outputs you need. Sollega does not promise to keep your projects or Outputs available.

14. Limitation of liability

To the maximum extent permitted by law, Sollega and its affiliates, officers, employees, agents and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, data or goodwill, or cost of substitute goods or services, arising out of or relating to the Tool, any Output, or these Terms, including damages arising from reliance on an Output, however caused and under any theory of liability, even if Sollega has been advised of their possibility.

To the maximum extent permitted by law, Sollega's total liability arising out of or relating to the Tool, any Output, or these Terms will not exceed the greater of (a) the amounts you paid Sollega for access to the Tool (not including amounts paid for products) in the 12 months before the event giving rise to the liability, and (b) one hundred U.S. dollars (US$100).

These limits apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited under applicable law, and they do not affect the terms of any purchase of Sollega products, which are governed by section 5.

15. Indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless Sollega and its affiliates, officers, employees and agents from and against any third-party claim, and the resulting losses, damages, costs and reasonable attorneys' fees, arising out of or relating to: (a) the information you entered into the Tool; (b) your use of, or anyone's reliance on, an Output without the independent review required by section 3, or outside the Tool's published limits; (c) the design, permitting, construction or installation of your projects; (d) Your Content; or (e) your breach of these Terms or of any law.

16. Suspension and termination

You may stop using the Tool at any time. Sollega may suspend or end your access to all or part of the Tool at any time, with or without notice, including if Sollega believes you have breached these Terms or that your use creates risk for Sollega or others. Sections 3, 4, 5, 8 (as to the licenses and data already granted), 10, and 13 through 20 continue after your access ends.

17. Changes to these Terms

Sollega may update these Terms. The updated Terms will be posted at app.sollega.com/terms with a new effective date, and if the change is material Sollega will give notice, for example by email or in the Tool. Sollega may ask you to accept updated Terms before you continue using the Tool. Otherwise, by continuing to use the Tool after updated Terms take effect, you accept them.

18. Export controls and sanctions

The Tool is designed for projects in the United States, and Sollega does not represent that it is appropriate for use elsewhere. You must comply with all applicable U.S. and other export control and sanctions laws. You confirm that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you are not on, or owned or controlled by anyone on, a U.S. government list of restricted or prohibited parties.

19. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to the Tool, any Output, or these Terms will be brought exclusively in the state or federal courts located in San Francisco County, California, and you and Sollega consent to their personal jurisdiction.

20. General

These Terms, together with any separate signed agreement described in section 1, are the entire agreement between you and Sollega about the Tool and replace any prior understanding about it. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent permissible and the rest will remain in effect. Sollega's failure to enforce any provision is not a waiver. You may not assign these Terms without Sollega's written consent; Sollega may assign them in connection with a merger, acquisition or sale of assets, or to an affiliate. Sollega is not liable for delays or failures caused by events beyond its reasonable control. You and Sollega are independent contractors. Headings are for convenience only, and “including” means “including without limitation.”

21. Contact

Questions about these Terms, and legal notices to Sollega, can be sent to Sollega, Inc., San Francisco, California, at info@sollega.com.