These Terms of Use (“Terms”) govern access to and use of the Sun Estimate website, applications, APIs, software tools, proposal systems, calculators, communications, and related services (collectively, the “Services”) operated by Sun Estimate, a service operated and managed by Active Net Inc. (“Sun Estimate,” “we,” “our,” or “us”).
By accessing, browsing, registering for, submitting information through, or otherwise using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.
Acceptance of Terms and Eligibility
The Services are intended solely for individuals and businesses capable of forming legally binding agreements under applicable law. By using the Services, you represent and warrant that you are at least eighteen (18) years old and possess the legal authority to enter into these Terms on your own behalf or on behalf of a business entity.
If you use the Services on behalf of a company, solar installation business, financing organization, dealership, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms.
Sun Estimate reserves the right to refuse access to the Services, suspend accounts, terminate relationships, or restrict platform usage at any time and for any lawful reason.
Description of Services and User Roles
Sun Estimate operates a business-to-business-to-consumer ("B2B2C") solar estimation and lead-generation platform that connects homeowners seeking solar-related information or proposals with participating solar installation companies, financing providers, and related businesses.
The Services may include solar estimation tools, proposal generation systems, lead routing technologies, utility usage integrations, solar production modeling, financing estimate tools, communication systems, and related software functionality.
Sun Estimate serves two primary categories of users: homeowners and solar providers. Homeowners may use the Services to request solar estimates, compare potential solar savings scenarios, analyze rooftop solar suitability, connect with solar installation companies or financing partners, and receive communications related to solar products and services.
Solar providers, including installers, lenders, developers, dealers, brokers, financing organizations, and related commercial entities, may use the Services to receive homeowner leads, proposal-related information, project inquiries, and related customer opportunity data.
Sun Estimate does not manufacture solar equipment, perform installations, provide electrical contracting services, issue financing directly, guarantee financing approval, or act as a licensed contractor unless expressly stated otherwise in a separate written agreement.
Sun Estimate is not a party to agreements entered into between homeowners and solar providers. Any contractual relationship formed between a homeowner and a solar provider exists solely between those parties.
Estimates, Solar Proposal, and Performance Disclaimer
The solar estimates, financial projections, production calculations, energy analyses, utility savings estimates, system sizing recommendations, financing scenarios, and related outputs generated through the Services are provided solely for informational and preliminary evaluation purposes.
All estimates generated through the Services are approximations derived from automated systems, third-party datasets, publicly available information, user-submitted inputs, utility assumptions, satellite imagery, weather modeling, and external services, including the Google Solar API.
Because solar production and financial outcomes depend on numerous variables beyond Sun Estimate's control, including roof conditions, utility rate changes, weather patterns, shading, installation quality, permitting requirements, financing terms, maintenance conditions, regulatory changes, battery usage behavior, and energy consumption patterns, Sun Estimate does not guarantee the accuracy, completeness, reliability, availability, or suitability of any estimate or proposal.
Estimated savings, return on investment, payback periods, tax incentives, rebate eligibility, production forecasts, and utility offsets are not guarantees of future performance or financial outcomes.
Users acknowledge that third-party data providers, including Google Solar API services and utility data integrations, may contain inaccuracies, delays, interruptions, outdated information, or unavailable data. Sun Estimate does not warrant or guarantee the accuracy, uptime, or continued availability of any third-party data source integrated into the Services.
Users are solely responsible for independently evaluating solar proposals, financing arrangements, installer qualifications, engineering requirements, tax implications, legal obligations, and final purchasing decisions before entering into any transaction or agreement.
User Obligations and Prohibited Conduct
Users agree to use the Services solely for lawful purposes and in compliance with all applicable laws, regulations, and contractual obligations.
Users are prohibited from:
- Submit false, misleading, fraudulent, or inaccurate information
- Impersonate another individual or business entity
- Use the Services to violate applicable consumer protection, telemarketing, privacy, or data protection laws
- Interfere with or disrupt platform functionality, servers, networks, or security systems
- Attempt to gain unauthorized access to accounts, systems, or data
- Copy, scrape, reverse engineer, decompile, or extract platform source code, algorithms, models, or proprietary systems
- Use automated bots, crawlers, or scripts to access or harvest platform information
- Transmit malware, harmful code, or malicious content
- Circumvent lead routing systems or compensation mechanisms
- Use homeowner data for unauthorized marketing activities
- Resell, redistribute, sublicense, or commercially exploit the Services except as expressly authorized
- Use the Services in a manner that could damage Sun Estimate's reputation, operations, relationships, or legal compliance obligations
Homeowners are responsible for ensuring that all information submitted through the Services is accurate, current, and complete.
Solar providers further agree that they will comply with all applicable consumer protection laws, licensing requirements, TCPA obligations, marketing regulations, privacy laws, and industry standards when using homeowner information received through the Services.
Solar providers acknowledge that homeowner leads may be distributed to multiple participating providers unless otherwise specified.
Intellectual Property Rights
The Services, including all software, AI systems, proposal technologies, algorithms, calculators, databases, text, graphics, trademarks, logos, visual interfaces, designs, compilations, workflows, and related intellectual property, are owned by or licensed to Sun Estimate and are protected under applicable intellectual property and proprietary rights laws.
Except for the limited right to access and use the Services in accordance with these Terms, no license, ownership interest, or other right is granted to users.
Users are prohibited from reproduce, distribute, modify, create derivative works from, publicly display, republish, transmit, sell, license, or otherwise exploit any portion of the Services without prior written authorization from Sun Estimate.
"Sun Estimate," associated logos, branding elements, and related marks are proprietary trademarks or service marks of Sun Estimate or its licensors.
Privacy Policy and Communications Consent
Use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using the Services, users acknowledge and agree that Sun Estimate may collect, process, disclose, transfer, sell, or share personal information as described in the Privacy Policy, including disclosures to participating solar providers, financing partners, service providers, analytics vendors, and related commercial partners.
Users further acknowledge and agree that by submitting contact information through the Services, they provide prior express written consent to receive communications from Sun Estimate and participating solar provider partners, including calls, emails, SMS messages, artificial or prerecorded voice communications, and communications sent using automated telephone dialing systems, as described in the Privacy Policy and applicable consent disclosures.
Users understand that consent to receive communications is not a condition of purchase and that message and data rates may apply depending on wireless carrier plans.
Limitation of Liability
To the fullest extent permitted under applicable law, Sun Estimate and its affiliates, officers, directors, employees, licensors, contractors, vendors, service providers, and partners shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or speculative damages arising out of or relating to the Services, including damages relating to lost profits, lost business opportunities, lost savings, loss of data, service interruptions, inaccurate estimates, financing outcomes, installation disputes, utility savings projections, or third-party conduct.
Sun Estimate does not guarantee the quality, legality, licensing status, financial condition, insurance coverage, performance, pricing, responsiveness, or workmanship of any solar provider, installer, financing partner, or third party connected through the Services.
Certain jurisdictions may not permit limitations on implied warranties or exclusions of certain damages. In such jurisdictions, portions of these limitations may not apply to the extent prohibited by law.
Release
Users voluntarily assume all risks associated with interactions, negotiations, contracts, installations, financing arrangements, and communications involving solar providers and third parties connected through the Services.
To the fullest extent permitted by California law, users release Sun Estimate and its affiliates from any and all claims, demands, damages, liabilities, losses, disputes, or causes of action arising out of or relating to transactions or interactions with solar providers or third parties.
Users expressly waive the protections of California Civil Code Section 1542, which states:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Users acknowledge that they understand the significance and consequences of this waiver.
Indemnification
Users agree to defend, indemnify, and hold harmless Sun Estimate and its affiliates, officers, directors, employees, contractors, licensors, and partners from and against any claims, damages, liabilities, judgments, penalties, fines, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or relating to:
- Use or misuse of the Services
- Violation of these Terms
- Violation of applicable laws or regulations
- Infringement of intellectual property or privacy rights
- False, misleading, or unlawful information submitted through the Services
- Conduct, communications, or transactions involving third parties
Dispute Resolution and Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its applicable consumer or commercial arbitration rules.
Arbitration shall be conducted in California unless otherwise required by law or mutually agreed by the parties.
Users agree that disputes shall be resolved solely on an individual basis and not as part of any class action, collective action, representative proceeding, or private attorney general action.
Users waive any right to participate in class-wide litigation or jury trials to the fullest extent permitted by law.
Notwithstanding the foregoing, Sun Estimate may seek injunctive relief or equitable remedies in any court of competent jurisdiction for claims involving intellectual property rights, unauthorized access, data misuse, confidentiality violations, or unlawful platform activity.
If any portion of this arbitration provision is deemed unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law.
Governing Law and Venue
These Terms and any dispute arising out of or relating to the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.
Subject to the arbitration provisions above, any legal action permitted to proceed in court shall be brought exclusively in the state or federal courts located in California, and users consent to the personal jurisdiction and venue of those courts.
General Provisions
These Terms constitute the entire agreement between users and Sun Estimate concerning the Services and supersede all prior or contemporaneous communications, understandings, or agreements relating to the subject matter herein.
If any provision of these Terms is found unenforceable or invalid, the remaining provisions shall remain in full force and effect.
Sun Estimate's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.
Sun Estimate may assign, transfer, or delegate its rights and obligations under these Terms without restriction. Users may not assign or transfer their rights or obligations without prior written consent from Sun Estimate.
Sun Estimate reserves the right to modify these Terms at any time. Updated Terms become effective upon posting unless otherwise stated. Continued use of the Services after updated Terms are posted constitutes acceptance of the revised Terms.
Contact Information
Questions regarding these Terms may be directed to:
Email: [email protected]