Terms of Service
1. Acceptance of Terms
Welcome to SWAVE. By accessing or using our website, mobile applications, or any of our services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.
These Terms constitute a legally binding agreement between you and SWAVE ("Company," "we," "us," or "our"). We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Services constitutes acceptance of any modified Terms.
2. Description of Services
SWAVE provides a platform that connects homeowners with verified, independent solar advisors ("Advisors") who can provide information, guidance, and quotes for solar energy projects. Our Services include:
- Matching homeowners with qualified local solar Advisors
- Facilitating communication between homeowners and Advisors
- Providing educational content about solar energy
- Enabling Advisors to showcase their work, credentials, and customer reviews
Important: SWAVE is a technology platform that facilitates connections. We do not directly provide solar installation services, and Advisors are independent contractors, not employees of SWAVE.
3. User Accounts and Registration
To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.
4. User Conduct
You agree not to use our Services to:
- Violate any applicable laws, regulations, or third-party rights
- Submit false, misleading, or inaccurate information
- Impersonate any person or entity
- Harass, abuse, or harm another person or entity
- Send spam, unsolicited communications, or advertising
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the integrity or performance of our Services
- Collect or harvest user data without consent
- Use automated means to access our Services without permission
5. Communications and Consent
By using our Services and providing your contact information, you consent to receive communications from SWAVE and our Advisors, including:
- Quote-related communications via email, phone, and SMS/text messages
- Service updates and notifications
- Marketing communications (with your opt-in consent)
SMS/Text Message Terms: By providing your phone number and opting in to receive text messages, you consent to receive SMS messages from SWAVE regarding your quote request, appointment reminders, and service updates. Message frequency varies. Message and data rates may apply. You can opt out at any time by replying STOP to any message. For help, reply HELP or contact us at hello@swave.com. Carriers are not liable for delayed or undelivered messages.
6. Quotes and Transactions
Quotes provided through our platform are estimates based on information you provide. Final pricing, terms, and conditions are determined by the individual Advisor and may vary based on site assessment, local regulations, and other factors.
Any contracts or agreements for solar installation services are between you and the Advisor. SWAVE is not a party to such agreements and is not responsible for the performance, quality, or outcome of any services provided by Advisors.
7. Intellectual Property
All content, features, and functionality of our Services—including but not limited to text, graphics, logos, icons, images, audio, video, software, and the arrangement thereof—are owned by SWAVE, our licensors, or other content providers and are protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from our Services without our prior written consent.
8. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Merchantability and fitness for a particular purpose
- Non-infringement
- Accuracy, reliability, or completeness of content
- Uninterrupted or error-free service
- Security of data transmitted through our Services
We do not warrant the qualifications, reliability, or performance of any Advisor on our platform.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWAVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless SWAVE and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our Services, your violation of these Terms, or your violation of any rights of another party.
11. Third-Party Links and Services
Our Services may contain links to third-party websites or services. We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites or services. Your interactions with third parties are solely between you and the third party.
12. Termination
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use our Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or our Services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on our Services, constitute the entire agreement between you and SWAVE regarding your use of our Services.
16. Contact Information
If you have any questions about these Terms, please contact us:
- Email: info@swavesolutions.com
- Phone: (949) 779-4832