Terms of Service

1. The Service

SolarProjeX is a field service management software platform for solar contractors, electrical contractors, and related trades. Features may include job dispatch, live tech and job mapping (Mission Control), job photo capture with auto GPS tagging, in-app camera with burst mode and sample overlays, custom forms and templates with conditional logic, digital signatures, work order management, scheduling, time tracking with GPS-aware clock-in and clock-out, crew tracking, branded customer reports, public customer share links, customer reviews and ratings, white-label domain hosting, role and permission management, audit trail, real-time activity feed, TV mode displays, third-party integrations, and offline mode with cloud sync. Features and plan limits are described on the solarprojex.com website and may change.

Add-on features such as AI Photo Quality Check, Job Cost Tracking, monitoring integrations, and others may be made available individually or as part of bundled plans. Add-on features are subject to additional terms set forth in this Agreement and any feature-specific provisions.

2. Account, Roles, and Authority

Eligibility

You must be at least 18 years old and able to form a binding contract. The person who creates the account on behalf of a company is the Account Owner and must have authority to bind the company to these Terms.

Company Accounts and Users

A "Customer" is the business entity holding the subscription. The Customer may invite Users (employees, contractors, crew members) to access the Service under the Customer's account. The Customer is responsible for the actions of all Users under its account, including compliance with these Terms.

Admin Controls

The Account Owner controls who can access the account, what permissions Users have, and may add or remove Users at any time. Disputes between Customers and Users about account access, data ownership, or User activity are between those parties and are not the responsibility of CivyxIQ.

3. License Grant

Subject to your compliance with these Terms and payment of applicable fees, CivyxIQ, Inc. grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for Customer's internal business purposes during the term of the subscription, in accordance with the plan tier purchased.

4. Free Trial

Trial Length and Activation

New Customers may be eligible for a 2-day free trial of the Service. The trial begins when the Customer's authorized representative completes the in-app trial acceptance process and ends 48 hours later. No payment information is required to start the trial.

No Automatic Conversion

Free trials do not automatically convert to a paid subscription. The Customer will not be charged anything when the trial ends. To continue using the Service after the trial, the Customer must affirmatively activate a paid plan from inside the application.

Trial Data Is Temporary

Trial data includes photos, customer records, signatures, GPS data, work orders, time logs, notes, and any other content uploaded or created during the trial. CivyxIQ does not retain backups of trial account data after deletion. Once trial data is deleted, it cannot be recovered. Customer is solely responsible for any business consequences arising from the loss of trial data, including but not limited to lost photographic evidence, lost customer records, lost time logs, missed AHJ documentation, customer disputes, and warranty claims. CivyxIQ is not liable for any loss of trial data or any consequential business harm.

Trial Acceptance Record

To start a trial, the Customer must accept these Terms, the Privacy Policy, and the Acceptable Use Policy through an electronic signature process. CivyxIQ retains the trial acceptance record, including the typed name, timestamp, IP address, and acknowledgements, as evidence of the Customer's agreement. The trial acceptance record is governed by the federal ESIGN Act and applicable state electronic signature laws.

Trial Limitations

Trial access may be paused, throttled, modified, or revoked at our discretion. We may revoke trial access for misuse, including creating multiple trial accounts to evade limits, exporting data and cancelling, scraping, or any other abuse. CivyxIQ reserves the right to discontinue or change the terms of the free trial program at any time.

5. GPS, Photo, Time Stamp, and Field Data Collection

Customer represents and warrants that, before deploying the Service to any User, Customer will:

• Provide notice to all Users about what data is collected by the Service, when it is collected, and how it will be used.
• Obtain any consents required by federal, state, or local law, including but not limited to laws governing employee monitoring, location tracking, biometric information, and labor relations.
• Comply with all applicable wage and hour laws, time tracking laws, and labor regulations relating to the use of the Service.
• Comply with the Illinois Biometric Information Privacy Act (BIPA), Texas Capture or Use of Biometric Identifier Act (CUBI), Washington biometric privacy law, and any other applicable biometric or location privacy laws.
• Maintain its own privacy notice covering employee data collection in accordance with applicable law.

Customer is solely responsible for compliance with employee notice and consent requirements. CivyxIQ, Inc. is not responsible for advising Customer on employment, labor, or privacy law obligations.

6. Customer Data and Ownership

"Customer Data" means all data, photos, signatures, work orders, customer records, time logs, materials entries, contract amounts, reports, ratings, and other content that Customer or its Users upload to or generate through the Service.

Ownership

Customer retains all right, title, and interest in and to Customer Data. CivyxIQ, Inc. does not claim ownership of Customer Data.

License to Operate

Customer grants CivyxIQ, Inc. a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process Customer Data solely as necessary to: (a) provide and operate the Service; (b) provide support; (c) prevent fraud and abuse; (d) generate de-identified or aggregated data for product improvement and analytics; and (e) comply with legal obligations.

Customer Responsibility

Customer represents that it has all necessary rights, permissions, and consents to upload Customer Data to the Service and to allow CivyxIQ to process it as described. Customer is responsible for the accuracy, quality, and legality of Customer Data.

7. Public Share Links and Customer Reports

The Service allows Customer to generate public share links that provide access to job reports, photos, signatures, and other Customer Data without requiring the recipient to authenticate. Customer acknowledges and agrees that:

• Share links are designed to be unguessable but are accessible to anyone who possesses the link. Anyone with the link can view the contents.
• Customer is solely responsible for distributing share links only to authorized recipients and for managing recipient access.
• Once a share link is sent, the recipient may forward, copy, or republish the link or its contents. CivyxIQ has no control over downstream distribution.
• Customer is responsible for ensuring that the contents of any share link, including photos and personal information, may lawfully be disclosed to the intended recipients.
• CivyxIQ is not liable for any unauthorized access, disclosure, or misuse of share link contents resulting from Customer's distribution or recipient behavior.
• Customer may revoke share links at any time through the Service. Revocation prevents future access through the link but does not retrieve content already viewed, downloaded, or screenshot by recipients.

8. White Label Domain and Custom Branding

If Customer's plan includes white-label domain features, Customer may configure a custom domain (for example, app.customercompany.com) through which Users and end customers access the Service.

• Customer is solely responsible for owning, maintaining, and configuring the DNS records of the custom domain.
• CivyxIQ, Inc. provides automated SSL certificate provisioning through a third-party certificate authority. SSL certificate issuance, renewal, and continued availability are subject to that third party's availability and policies. We do not warrant uninterrupted SSL availability.
• Customer is responsible for the appearance, content, and trademark use of any branding, logos, colors, or messaging applied to the white-labeled experience.
• Customer represents and warrants that it has all necessary rights to use any logos, trademarks, trade dress, and other branding elements applied to the Service.
• Customer is responsible for any communications or representations made to its end customers through the white-labeled experience, including any privacy notices required by law.
• Upon termination of Customer's subscription, custom domain and white-label configurations are deactivated. Customer remains responsible for retiring DNS records and any redirects.

9. Customer Reviews and Ratings

The Service allows Customer's end customers to leave star ratings and written feedback regarding completed jobs through the public share page or customer portal.

• Reviews and ratings are submitted by Customer's end customers and reflect those individuals' opinions.
• CivyxIQ, Inc. does not author, edit, or curate reviews. Reviews are displayed substantially as submitted, subject to abuse filtering for clearly unlawful or malicious content.
• Customer is responsible for moderating its own reviews, responding to its end customers, and complying with FTC endorsement and review guidelines, including the FTC Rule on the Use of Consumer Reviews and Testimonials.
• Customer must not offer compensation, incentives, discounts, or other consideration in exchange for positive reviews unless the inducement is clearly and conspicuously disclosed in compliance with applicable law.
• Customer must not suppress, hide, or selectively remove negative reviews in a manner that violates applicable consumer protection law.
• CivyxIQ is not liable for the content of any review, the consequences of any review, or any dispute between Customer and a reviewing end customer.

10. Documentation and Reports

11. AI Photo Quality Check Add-On

If Customer subscribes to the AI Photo Quality Check add-on, the Service may automatically analyze photos uploaded to the Service to identify potential quality issues, such as missing photo categories per template, blurry or unusable images, or absent metadata.

Estimates, Not Certifications

AI Photo Quality Check is advisory only. False positives and false negatives will occur. A photo passing or failing the AI Photo Quality Check is not evidence that the underlying work is or is not compliant with any code, standard, or requirement. Customer is solely responsible for human review of all photos before relying on them for job closeout, billing, AHJ submittal, warranty claims, or any other purpose.

Third-Party AI Provider

AI Photo Quality Check uses one or more third-party artificial intelligence application programming interfaces. Photos transmitted for analysis are processed by that third party in accordance with the third party's terms and privacy policies. Customer acknowledges that:

• Photos transmitted for analysis may contain images of people, including Users, end customers, and bystanders. Customer is responsible for any consents required by applicable law.
• CivyxIQ does not control the third-party AI provider's data handling, retention, or model training practices.
• AI Photo Quality Check availability is dependent on the third-party provider. The feature may be paused, modified, throttled, or discontinued if the underlying provider changes terms, pricing, or availability.
• CivyxIQ is not liable for the third-party AI provider's outputs, errors, downtime, or data handling.

12. Job Cost Tracking Add-On

If Customer subscribes to the Job Cost Tracking add-on, the Service provides an operational reporting tool that summarizes data Customer and its Users enter into the Service, including time logs, materials entries, and contract amounts. The feature calculates and displays estimated job costs and estimated job margins for Customer's internal operational use only.

The estimates produced by Job Cost Tracking are based on data Customer chooses to enter and may not reflect Customer's actual costs, revenue, profit, or financial position. Job Cost Tracking does not account for taxes, fees, depreciation, overhead allocations, deferred costs, accrued liabilities, payroll burdens, workers' compensation, insurance, or any other accounting or financial principle.

Customer is solely responsible for its accounting, bookkeeping, payroll, tax preparation, and financial reporting. Customer should consult a qualified accountant, bookkeeper, or tax professional and use a dedicated accounting system for those purposes. CivyxIQ does not provide accounting, financial, or tax advice.

The accuracy of Job Cost Tracking outputs depends entirely on the accuracy and completeness of data Customer and its Users enter. CivyxIQ does not warrant the accuracy of Job Cost Tracking outputs and disclaims all liability arising from Customer's reliance on those outputs for any purpose, including pricing decisions, job profitability assessments, employee compensation decisions, business valuations, or financial planning.

13. Offline Mode and Data Sync

The Service includes an offline mode that stores data on the device until network connectivity is restored. Customer acknowledges that:

• Offline data persists only on the device until successfully synced. Loss, theft, damage, or replacement of a device may result in loss of unsynced data.
• Customer is responsible for confirming that data has synced before relying on it.
• Sync failures may occur due to network issues, app errors, server outages, device issues, or other causes.
• CivyxIQ is not liable for loss of unsynced data.

14. Storage Limits and Plan Tiers

Plan tiers may include cloud storage allocations. Storage limits, retention rules, and overage policies are described on solarprojex.com for the current plan offerings. If Customer exceeds plan limits, CivyxIQ, Inc. may: (a) require an upgrade; (b) charge overage fees; (c) restrict additional uploads; or (d) archive older content. We will use commercially reasonable efforts to provide notice before taking these actions.

15. Acceptable Use

Use of the Service is also governed by the CivyxIQ Acceptable Use Policy. Customer specifically may not:

• Upload content that infringes any third-party right or violates law.
• Upload personally identifiable information about non-employees, customers, or other individuals without legal basis to do so.
• Use the Service for any purpose other than Customer's internal business operations.
• Use the Service to monitor employees in any manner that violates law.
• Reverse engineer, decompile, or attempt to derive source code or proprietary methods, including AI scoring methodologies.
• Resell, sublicense, or share access with unaffiliated third parties.
• Use customer review or rating features to publish false, misleading, or fraudulent reviews.
• Use the white-label domain feature to misrepresent affiliation with CivyxIQ or with any third party.
• Use Job Cost Tracking outputs as the basis for tax filings, financial statements, audits, or representations to lenders or investors.

16. Subscription, Billing, and Payment

Plans and Renewals

The Service is offered on a subscription basis. Plan details, including user counts, job limits, storage limits, included features, and add-on pricing, are posted on solarprojex.com. Subscriptions automatically renew at the end of each billing period at the then-current rate until cancelled.

Add-Ons

Add-on features may be purchased individually or as part of a bundle. Add-on subscriptions renew with the underlying plan unless cancelled. Add-ons may have separate feature-specific terms set forth in this Agreement.

Per User and Per Crew Pricing

Plans may be priced per User, per crew, per location, or by another metric described on the website. Customer is responsible for accurate User counts and notifying us of changes.

Price Changes, Taxes, and Late Payment

We may change prices for renewal periods upon at least 30 days' notice. Prices do not include applicable taxes. If a payment is not received when due, we may suspend access, charge interest at the lesser of 1.5% per month or the maximum permitted by law, and assess reasonable collection costs.

17. Cancellation, Refunds, and Data Export

Cancellation

Customer may cancel the subscription at any time through account settings or by sending a written cancellation request to support@civyxiq.com. Cancellation is effective at the end of the then-current billing period. Customer retains access through the end of that period.

Data Export Window

After cancellation, Customer's account remains accessible for the remainder of the paid billing period. During that time, Customer may export Customer Data through available tools. Customer is solely responsible for completing exports before the end of the billing period.

Post-Cancellation Retention

After the end of the paid billing period, we may retain Customer Data in backup or archive form for up to 90 days unless required by law to retain longer or unless Customer requests earlier deletion. After that period, we may delete or anonymize Customer Data.

Trial Data Deletion

Free trial accounts that do not activate a paid subscription before trial end will have all Customer Data deleted as described in Section 4. CivyxIQ does not retain trial data after trial end.

Refunds

All fees are non-refundable except where required by law. We do not provide partial month or partial year refunds. Add-on fees, custom branding fees, onboarding fees, and any one-time service fees are non-refundable once work has begun or services have been provided.

Forfeiture

If we suspend or terminate Customer's account for violation of these Terms, Customer forfeits any prepaid fees and is not entitled to a refund.

18. Marketing Claims and Forward-Looking Statements

Statements on solarprojex.com or in marketing materials about the Service, including statements about job closeout speed, photo completeness rates, customer response improvements, dispatch efficiency gains, or other operational outcomes, reflect aggregate or example results that may not be typical. Individual Customer results vary based on Customer's processes, training, deployment, data quality, and other factors. CivyxIQ does not guarantee any specific operational outcome, time savings, cost reduction, customer satisfaction improvement, or other benefit. Statements about planned features, upcoming releases, or roadmap items are aspirational and may change, be delayed, or be discontinued without notice.

19. Intellectual Property

CivyxIQ, Inc. and its licensors own all right, title, and interest in and to the Service, including software, features, templates (including the solar starter templates), AI models and prompts, scoring methodology, design, user interface, documentation, and any aggregate or de-identified data sets. No rights are granted other than the limited license expressly stated in these Terms. Feedback you provide may be used by us without restriction or compensation.

20. Confidentiality

Each party will protect the other's Confidential Information using at least the same degree of care it uses for its own confidential information of similar nature, and in no case less than reasonable care.

21. Third-Party Services and Integrations

The Service may integrate with third-party services, including but not limited to customer relationship management systems (such as Sunbase, Service Fusion, Housecall Pro), design tools (such as Aurora Solar), monitoring platforms (such as Enphase, SolarEdge, EG4, EcoFlow, Tesla), accounting software (such as QuickBooks), communication platforms (such as Slack), automation platforms (such as Zapier), payment processors, mapping providers, weather data providers, identity providers, and document storage providers. These third parties operate under their own terms and privacy policies.

• Customer is responsible for any separate accounts, credentials, or fees with third-party providers.
• Third-party integration availability is dependent on the third-party provider. Integrations may be paused, modified, or discontinued if the underlying provider changes terms or availability.
• CivyxIQ does not warrant the accuracy, completeness, or availability of third-party data or services.
• Customer is responsible for compliance with any third-party terms applicable to data exchanged through integrations.

22. Disclaimers

23. Limitation of Liability

24. Indemnification

Customer agrees to defend, indemnify, and hold harmless CivyxIQ and its officers, directors, employees, agents, and affiliates from and against any third-party claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) Customer's use of the Service; (b) Customer Data, including any claim that Customer Data infringes a third-party right or violates law; (c) Customer's failure to provide required notices to Users about data collection; (d) Customer's violation of employment, labor, or privacy law; (e) work performed or documented through the Service; (f) Customer's distribution of public share links and any disclosure of share link contents; (g) Customer's use of the white-label domain feature, including trademark and branding decisions; (h) reviews, ratings, or feedback by Customer's end customers; (i) Customer's reliance on AI Photo Quality Check outputs; (j) Customer's reliance on Job Cost Tracking estimates; or (k) Customer's violation of these Terms or any applicable law.

25. Suspension and Termination

We may suspend or terminate Customer's account immediately, with or without notice, if: (a) Customer breaches these Terms; (b) we suspect fraud, abuse, or unauthorized use; (c) required by law or government order; (d) Customer fails to pay fees when due; or (e) we discontinue the Service. Sections that by their nature should survive termination shall survive.

26. Modifications to These Terms

We may modify these Terms at any time by posting a revised version on the Service. For material changes, we will provide at least 30 days' advance notice. Continued use after the effective date constitutes acceptance.

27. Governing Law

This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

28. Dispute Resolution and Binding Arbitration

Informal Resolution

Before filing any claim, you agree to first contact us at legal@civyxiq.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement, the Service, or the relationship between you and CivyxIQ, Inc. that is not resolved informally shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Orlando, Florida, or by video conference at the arbitrator's discretion. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Class Action Waiver

The arbitrator shall not consolidate more than one party's claims and shall not preside over any form of representative or class proceeding. If this class action waiver is found unenforceable, then the entirety of the arbitration provision shall be null and void.

Exceptions

Either party may bring an individual action in small claims court. Either party may seek injunctive or other equitable relief in the state or federal courts located in Seminole County, Florida for any actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.

Opt Out

You may opt out of this arbitration agreement by sending written notice to legal@civyxiq.com within 30 days of first accepting this Agreement. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration.

Venue for Non-Arbitrable Disputes

For any dispute not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Seminole County, Florida.

29. General Provisions

Entire Agreement

This Agreement, together with any policies referenced herein, constitutes the entire agreement between you and us regarding the Service and supersedes all prior agreements and understandings.

Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

No Waiver

Failure to enforce any right or provision shall not constitute a waiver of such right or provision.

Assignment

You may not assign this Agreement without our prior written consent. CivyxIQ, Inc. may assign this Agreement without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or utility outages, third-party service failures, or pandemic.

Notices

Notices to CivyxIQ, Inc. must be sent in writing to legal@civyxiq.com. Notices to you may be sent to the email address on file with your account.

Relationship of the Parties

Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.

Headings

Section headings are for convenience only and have no legal effect.