Terms of Service

Draft. This document is a draft prepared by the Solispec development team and is under review by a lawyer. It is not yet in force. Translations are provided for convenience; if a translation differs from the English version, the English version prevails.

1. Who we are

Solispec ("Solispec", "we", "us") is a web service at solispec.com for designing mounting structures for solar photovoltaic (PV) modules and solar plants (the "Service"). The Service is operated by a Ukrainian sole proprietor (individual entrepreneur, single tax 3rd group): [OPERATOR: full name, tax ID and address — to be provided by the owner].

Contact: [email protected].

2. Acceptance and related documents

These Terms of Service ("Terms") govern your use of the Service. By using guest mode, creating an account or paying for a plan, you accept these Terms. The following documents form part of them:

• the Privacy Policy;
• the Cookie Policy;
• the Engineering Disclaimer;
• the Data Processing Agreement, for business customers whose projects or clients contain personal data of third parties.

You must be at least 18 years old to create an account. If you use the Service on behalf of a company or another organization, you confirm that you are authorised to accept these Terms on its behalf.

3. The Service

Guest mode

You can try the Service without an account. In guest mode your project is stored only in your browser's local storage. We do not receive it until you move it into an account. If you clear your browser data or use another device, the guest project is lost and we cannot restore it.

Accounts

An account is created with an email address and a password, and the email address must be verified. You must keep your password confidential and tell us without delay if you suspect unauthorised use of your account. You are responsible for activity under your account.

Organizations, projects and clients

Accounts can belong to organizations. Members have one of the roles owner, admin, member, engineer or viewer, which determine what they can see and change. The owner decides who is invited and which role they get.

Projects can have several versions. The clients address book lets you store your customers' details (name, email, phone, address, notes). You may only store such data if you have a lawful basis for it. For this data we act as your processor under the Data Processing Agreement.

We may improve, change or remove features. If we materially reduce the features of a paid plan, we will tell you in advance.

4. Calculations and your responsibility

The calculation is preliminary. A qualified engineer must check it before installation.

The Service helps you prepare preliminary designs and calculations. For projects in Ukraine it applies DBN V.1.2-2:2006 together with the Eurocodes; for other countries it applies the Eurocodes with snow and wind values that you enter. The results depend on the data you enter.

You remain the responsible designer. You must check the inputs and results, and have the design checked and approved by a qualified engineer before anything is manufactured or installed. Reports, once available, will contain an engineer sign-off block (name, licence or certificate number, date, signature) for this purpose. See the Engineering Disclaimer.

5. Plans, prices and payment

Plans

We offer the plans Start (free: 1 project, 1 system), Pro, Business and White Label. The features and monthly prices of each plan are shown on the pricing page. We do not offer discounts. [OWNER/LAWYER: state whether prices include VAT or other taxes.]

A 3-day Pro trial without a payment card is planned. When it becomes available, its conditions will be shown before you start it.

Card payments (Stripe)

Card payment via Stripe is the main payment method. It is a monthly subscription that renews automatically each month until you cancel it. By subscribing, you authorise us, through Stripe, to charge the monthly price at the start of each billing month. You can cancel at any time; cancellation takes effect at the end of the month already paid.

Cryptocurrency payments (Heleket)

You can also pay in cryptocurrency via Heleket. These payments are made month by month, with no automatic charge. A few days before the paid month ends, we send you a new invoice and a reminder. When Heleket confirms the payment to us, your access to the paid plan is extended by one month. If you do not pay, a grace period [length to be set] applies, after which your account falls back to Start.

Price changes

If we change the price of a plan, we will tell you in advance [notice period to be confirmed]. The new price applies from the next billing month. If you do not agree, you can cancel before it applies.

6. Refunds and cancellation

You can request a full refund within 14 days of your first payment for a paid plan by writing to [email protected]. This applies to the first payment only, not to later monthly renewals.

[LAWYER: align this refund rule with the statutory right of withdrawal of EU consumers for digital services (Directive 2011/83/EU) and the required pre-contract information.]

When a paid plan ends, because you cancel it or a monthly payment is not made (for Heleket payments, after the grace period described in section 5), your account falls back to Start. Your projects remain viewable, but features and limits beyond Start are no longer available. Self-service export will be available later; until then, we will send you a copy of your projects within one month of a request to [email protected].

7. Acceptable use

You must not:

• break the law or infringe the rights of others when using the Service;
• store personal data in the Service without a lawful basis;
• try to gain unauthorised access to the Service, other accounts or other organizations' data;
• disrupt the Service, overload it, or probe it for vulnerabilities without our written permission;
• copy, resell or reverse engineer the Service, except as allowed by law or your plan;
• use automated means to extract data from the Service at scale.

8. Your content

You keep all rights to the content you put into the Service (projects, inputs, client data, reports). You give us a limited right to store, process and display this content only as needed to provide the Service to you and your organization.

Self-service export of your projects will be available later; until then, we provide a copy within one month of a request to [email protected]. How we handle personal data is explained in the Privacy Policy.

9. Our rights

The Service, its software, design, calculation methods and brand belong to us or our licensors. You receive a non-exclusive, non-transferable right to use the Service according to your plan for as long as you are entitled to it. The scope of white-label use is described in the White Label plan [to be defined].

10. Availability

We aim to keep the Service available and to back up data, but we do not guarantee uninterrupted operation unless agreed otherwise in writing. We may carry out maintenance. You should keep your own copies of important projects: once self-service export is available, by exporting them, and until then by requesting a copy from us (see section 8).

11. Liability

To the extent permitted by law, the Service is provided "as is". We are not liable for:

• losses resulting from designs, manufacture or installation that were not checked by a qualified engineer;
• losses resulting from incorrect or incomplete data you entered;
• indirect or consequential losses, lost profit or lost data that keeping your own copies (section 10) would have prevented.

[PROPOSED, LAWYER TO CONFIRM: Our total liability is limited to the fees you paid in the 12 months before the claim.]

Nothing in these Terms excludes or limits liability for death or personal injury, for gross negligence or intent, or any other liability that cannot be excluded or limited by law. If you are a consumer, your mandatory statutory rights are not affected.

12. Suspension and termination

You can stop using the Service and delete your account at any time; until self-service deletion is available, write to [email protected]. We may suspend or close an account if it seriously or repeatedly breaches these Terms, if payment is not made, or if required by law. Where reasonable, we will warn you first and give you a chance to obtain a copy of your data.

13. Changes to these Terms

We may update these Terms. We will tell you about material changes by email or in the Service before they take effect [notice period to be confirmed]. If you do not agree, you can stop using the Service and cancel your plan.

14. Governing law

[To be confirmed by the lawyer — Ukrainian law, without prejudice to mandatory consumer protections of the user's EU country.]

15. Contact

Questions about these Terms: [email protected].