DRAFT — PENDING ATTORNEY REVIEW
Last updated: April 2026
These Terms of Service (“Terms”) constitute a legally binding agreement between you and SunTarget, Inc. governing your access to and use of the Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
The Service is intended for business-to-business use only. By registering, you represent and warrant that you have the authority to bind the entity on whose behalf you are creating the account, and that such entity agrees to be bound by these Terms.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at brett@suntarget.ai if you become aware of any unauthorized access to or use of your account.
You agree to provide accurate, current, and complete information during registration and to keep your registration information up to date.
Each organization may maintain only one Customer account unless otherwise agreed in writing.
Subject to these Terms, SunTarget grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during the term of your subscription.
You shall not:
You may use Analysis Outputs in your business operations, presentations, and client communications, subject to the disclaimers and limitations in Section 7. You may not represent Analysis Outputs as anything other than estimates generated by the SunTarget platform.
Access to the Service requires a paid subscription. Fees are as displayed on the SunTarget pricing page or as set forth in an applicable order form at the time of purchase.
All payments are processed securely through Stripe. By providing payment information, you authorize SunTarget and Stripe to charge your designated payment method for applicable fees.
All fees are exclusive of applicable taxes. You are responsible for paying all taxes, levies, and duties imposed by taxing authorities, excluding taxes based on SunTarget's net income.
Overdue amounts shall bear interest at the rate of 1.5% per month (or the maximum rate permitted by law, if lower) from the due date until paid in full.
Except as otherwise required by applicable law, all fees are non-refundable once paid. No credits or refunds will be issued for partial subscription periods or unused services.
You retain all rights, title, and interest in and to your Customer Data. SunTarget acquires no ownership rights in Customer Data.
You are solely responsible for the accuracy, quality, and legality of Customer Data you submit. SunTarget is not responsible for errors in Analysis Outputs caused by inaccurate or incomplete Customer Data.
SunTarget will process Customer Data solely to provide the Service and as described in these Terms and our Privacy Policy. If required by applicable data protection law, the parties will execute a Data Processing Addendum.
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
The Service, including all software, algorithms, models, designs, documentation, and branding, is and remains the exclusive property of SunTarget and its licensors. Nothing in these Terms transfers any intellectual property rights to you except the limited license granted in Section 3.
If you provide suggestions, ideas, or other feedback regarding the Service (“Feedback”), you grant SunTarget a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without obligation to you.
Certain features of the Service may be covered by one or more pending patent applications. Nothing in these Terms grants you any license under any SunTarget patent or patent application.
THE SERVICE AND ALL ANALYSIS OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. SUNTARGET DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
ALL ANALYSIS OUTPUTS ARE ESTIMATES AND PROJECTIONS ONLY. THEY ARE NOT AND SHALL NOT BE CONSTRUED AS: (A) ENGINEERING CERTIFICATIONS OR STAMPED DRAWINGS; (B) PROFESSIONAL ENGINEER (PE) OPINIONS OR ATTESTATIONS; (C) GUARANTEED PERFORMANCE DATA OR PRODUCTION WARRANTIES; (D) INVESTMENT ADVICE OR FINANCIAL GUARANTEES; OR (E) GOVERNMENT DETERMINATIONS, PERMIT APPROVALS, OR REGULATORY COMPLIANCE CERTIFICATIONS.
Energy production estimates may vary by ±15–20% from actual results due to data-source resolution, weather variability, installation quality, and other factors. Financial projections (including IRR calculations and payback estimates) depend on assumptions about utility rates, incentive availability, panel degradation, and other variables that may change. Wall grades and scores are composite indicators derived from modeled data and should be treated as relative rankings, not absolute performance measures.
Any tax credit, rebate, or incentive information provided through the Service is for informational purposes only. Incentive programs have eligibility requirements, construction-commencement deadlines, and phase-out schedules that may change without notice. You should consult a qualified tax professional before making decisions based on incentive estimates.
Any ASHRAE 90.1-2022 compliance information is provided for preliminary screening purposes only. Such reports do not constitute Professional Engineer (PE) certification, are not intended for permit submission, and do not replace a qualified energy consultant's review. Building code compliance must be verified by a licensed professional.
SunTarget does not guarantee continuous, uninterrupted access to the Service. The Service may be subject to limitations, delays, and other issues inherent in the use of the internet and electronic communications. SunTarget is not responsible for any delays, delivery failures, or damages resulting from such issues.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUNTARGET, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.
SUNTARGET'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO SUNTARGET IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).
The limitations of liability in this Section 8 reflect the allocation of risk between the parties and are an essential basis of the bargain between the parties. SunTarget would not provide the Service without these limitations.
Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited by applicable law.
You agree to indemnify, defend, and hold harmless SunTarget and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Each party agrees to hold in confidence all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure (“Confidential Information”). Neither party shall disclose the other party's Confidential Information to any third party except as necessary to perform obligations under these Terms, and only to persons bound by confidentiality obligations at least as protective as those herein. These obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party without restriction; (c) is independently developed without use of the disclosing party's Confidential Information; or (d) is disclosed pursuant to a legal requirement, provided that the receiving party gives reasonable advance notice to the disclosing party where permitted by law.
These Terms are effective as of the date you first access the Service and continue until terminated in accordance with this Section.
You may terminate your account at any time by contacting us at brett@suntarget.ai. Termination does not entitle you to a refund of any fees already paid.
SunTarget may suspend or terminate your access to the Service immediately upon written notice if you materially breach these Terms and fail to cure such breach within ten (10) days of receiving notice. SunTarget may also terminate your account immediately without a cure period if the breach involves unauthorized access, security violations, or illegal activity.
Upon termination, your right to access and use the Service immediately ceases. Sections 1, 5, 6, 7, 8, 9, 10, and 12 shall survive termination.
Following termination, SunTarget will retain your Customer Data for ninety (90) days, during which you may request an export. After the retention period, SunTarget may delete Customer Data in accordance with our Privacy Policy.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in Harris County, Texas. Each party waives the right to participate in a class action, class arbitration, or other representative proceeding. The arbitrator's decision shall be final and binding.
SunTarget reserves the right to modify these Terms at any time. We will provide at least thirty (30) days' notice of material changes by posting the updated Terms on our website or by email. Your continued use of the Service after the effective date of any modification constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.
These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between you and SunTarget with respect to the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.
Questions about these Terms? Contact us at brett@suntarget.ai.