Terms of Service
By accessing or using any Solarius product or service ("Services"), you agree to comply with and be bound by these Unified Terms of Service (ToS). These terms apply to all Solarius offerings unless a product-specific agreement supersedes them in part (without negating this ToS).
If you are entering into these terms on behalf of a business, you represent that you have the authority to bind that entity.
Definitions
- "Solarius," "We," "Us," "Our"- Refers to Solarius B.V., a Netherlands-registered company.
- "User," "You," "Customer"- Any individual or business entity using our Services.
- "Services"- All products, platforms, APIs, and tools provided by Solarius.
- "B2B"- Business-to-business services, excluding consumer-facing offerings unless explicitly stated.
Scope and Applicability
This ToS governs all Solarius Services, including but not limited to:
- Cloud infrastructure & hosting provided by Solarius
- SaaS platforms provided by Solarius
- APIs & developer tools provided by Solarius
- Enterprise software solutions provided by Solarius
- Any other products or services offered by Solarius
Some Services may have additional terms, which will be presented at signup and incorporated by reference. Except where explicitly stated, these additional terms do not supersede this ToS.
Account Registration & Eligibility
Business Accounts
Our Services are designed for B2B use. You warrant that you are a legally recognized business entity or an authorized representative.
Account Security
You must keep login credentials confidential. You are responsible for all activities under your account. Notify us immediately of any unauthorized use.
Acceptable Use Policy
Prohibited Activities
You may not use our Services to:
- Violate any applicable laws (including GDPR, DMCA, export controls).
- Distribute malware, engage in hacking, or disrupt infrastructure.
- Host illegal, abusive, or infringing content.
- Spam, phish, or engage in fraudulent activity.
Compliance
You are solely responsible for ensuring your use complies with all applicable laws and regulations. We may suspend or terminate your account for violations. Solarius may receive certain certifications (e.g., ISO 27001, SOC 2) but does not guarantee compliance with specific regulations unless explicitly stated in a product-specific agreement.
Intellectual Property
Your Content
You retain ownership of data uploaded to our Services but grant Solarius a limited, worldwide license to process it for service delivery. Solarius will reach out to you if we need to use your content for any other purpose. Except as required for service delivery, we will not use your content without your consent.
Our Content
All Solarius software, trademarks, and documentation remain our exclusive property. No reverse engineering or unauthorized redistribution is permitted. Certain software sources or components may be licensed under open-source licenses, which will be disclosed in the product documentation.
Modifications to our software or Services must be approved by Solarius or within the software's configuration options. Unauthorized modifications may result in termination of your account.
Data Protection & Privacy
Our privacy policy explains how we collect, use, and protect your personal data. By using our Services, you consent to our data practices as described in the privacy policy. We act as a Data Processor under GDPR, and you are the Data Controller. You must ensure that you have the necessary rights to share any personal data with us.
Regarding data transfers, we comply with GDPR and other applicable data protection laws. We may transfer data outside the EU/EEA only if adequate safeguards are in place, such as Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs).
Please note that while we implement security measures to protect your data, no system is entirely secure. You are responsible for securing your account credentials and any data you upload.
Payment & Billing
Fees and Invoicing
Fees for our Services are specified in the product documentation or at the time of purchase. We may change fees with prior notice, but existing customers will not be charged new fees until their next billing cycle. Late payments may incur interest or late fees as specified in the product documentation, typically 1.5% per month or the maximum allowed by law.
Chargebacks and Refunds
You may not initiate chargebacks or disputes with your payment provider. If you believe a charge is incorrect, contact us first. Refunds are subject to our Refund & Cancellation Policy.
Chargebacks or disputes initiated without prior communication may result in account suspension or termination. We reserve the right to recover any costs incurred due to chargebacks, including legal fees.
Subscription cancellations will take effect at the end of the current billing cycle. You will not receive a refund for unused time unless specified in the product documentation.
Termination and Suspension
By You
You may terminate with notice per your contract.
By Us
We may suspend or terminate your account for violations of this ToS, non-payment, or if we believe your account poses a risk to our Services or other users. We will provide notice unless immediate action is required.
Limitations of Liability
Solarius is not liable for any indirect, incidental, special, or consequential damages arising from your use of our Services. Our total liability is limited to the amount you paid for the Service in the last 12 months. Liability for personal injury or death caused by our negligence is not limited. Liability for data loss is limited to the amount you paid for the Service in the last 12 months, provided you have taken reasonable steps to back up your data.
Indemnification
You agree to indemnify and hold Solarius harmless from any claims, damages, losses, or expenses (including legal fees) arising from your use of our Services, violation of this ToS, or infringement of any third-party rights.
For any claims related to your content, you will defend and indemnify Solarius against all claims, damages, losses, and expenses (including legal fees) arising from such claims.
Dispute Resolution
Disputes will be resolved through binding arbitration in accordance with the rules of the Netherlands Arbitration Institute (NAI). The arbitration will take place in Amsterdam, Netherlands, and the language of arbitration will be English. You agree to waive your right to a jury trial or class action.
These terms are governed by the laws of the Netherlands, without regard to its conflict of law principles. The courts of Amsterdam, Netherlands, will have exclusive jurisdiction over any disputes not subject to arbitration.
Changes to Terms
We may update these terms with 30 days notice (email or in-platform notification). Continued use constitutes acceptance.
Contact Us
For questions or concerns about these terms, please contact us at: legal@solarius.me or through our support portal at solarius.me.