Solenery Terms & Conditions (Canada)

1. Acceptance of Terms

By accessing or using the Solenery Platform, you agree to these Terms & Conditions ("Terms") and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not use the Platform.

2. What Solenery does

Solenery provides an online marketplace and information tools to help property owners explore energy upgrades and request quotes from independent service providers.

Solenery does not perform energy, construction, or installation services and is not a contractor, broker, or agent. Solenery is a technology platform only.

3. User eligibility and accounts

You must be the age of majority in your province or territory and legally capable of entering into a binding agreement to use the Platform. You are responsible for maintaining the accuracy, confidentiality, and security of your account credentials and for all activity that occurs under your account.

4. Marketplace conduct

You agree not to:

• Misrepresent yourself, your property, or your business
• Post unlawful, misleading, abusive, or fraudulent content
• Interfere with, disrupt, or circumvent the Platform's operation, security, or integrity
• Use the Platform to send unsolicited commercial messages in violation of CASL or any other applicable law
• Scrape, harvest, or systematically collect data from the Platform without our express written consent

Solenery may suspend or permanently terminate accounts that violate these Terms, at our sole discretion and without prior notice.

5. Inquiries, quotes, and data sharing

When a property owner submits a quote request, Solenery will share the owner's name, email address, phone number, property address or postal code, property type, and selected upgrade interests with service providers in their area for the purpose of preparing and delivering quotes. By submitting a quote request, you consent to this sharing as described in our Privacy Policy. Service providers are independent businesses and are required, by our terms and data-sharing agreements, to use the information only to prepare and deliver a quote and not for unrelated purposes or marketing without your separate consent.

We do not guarantee responses, quotes, pricing, savings, government incentives, or any specific outcome. All estimates and incentive figures are for informational purposes only.

6. Estimates and informational tools

All insights, cost estimates, savings projections, and incentive information provided on the Platform are for general informational purposes only and do not constitute professional advice. Eligibility requirements, program rules, and incentive amounts change frequently. You should verify all information with qualified professionals and official government or utility sources before making any financial decision.

Solenery makes no representation or warranty that any estimate, projection, or incentive figure is accurate, complete, or current.

7. Service provider responsibilities

Service providers listed on or connected through the Platform are independent third parties. Service providers are solely responsible for:

• The quality, accuracy, and legality of their services and representations
• Compliance with all applicable federal, provincial, and municipal laws, licensing requirements, and insurance obligations
• Any contracts, warranties, guarantees, or commitments made to customers
• Resolution of disputes arising from their services

Solenery does not vet, endorse, or guarantee the quality, licensing status, or performance of any service provider.

8. Fees and payments

Any paid features, subscriptions, or fees will be clearly disclosed at the time of purchase. Payments are processed through third-party payment providers. Solenery does not store full payment card information.

9. User content

By submitting content (including text, photos, and messages) to the Platform, you represent that you own or have the right to share that content, and you grant Solenery a non-exclusive, royalty-free, worldwide license to use, display, and reproduce that content solely to operate and improve the Platform, subject to our Privacy Policy.

10. Intellectual property

All Solenery branding, software, design, text, and Platform content are owned by Solenery or its licensors and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our express written permission.

11. Disclaimer of warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED, ERROR-FREE OPERATION. SOLENERY DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT ANY INFORMATION PROVIDED IS ACCURATE, COMPLETE, OR CURRENT.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOLENERY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.

In any event, our total aggregate liability to you for all claims arising out of or relating to these Terms or the Platform is limited to the greater of:

• Fees actually paid by you to Solenery in the twelve (12) months preceding the event giving rise to the claim, or
• $100 CAD

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law. This includes liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, for gross negligence, and any rights or remedies you have under mandatory consumer protection legislation (such as Quebec's Consumer Protection Act). Where applicable law does not permit the limitations above, our liability is limited to the greatest extent permitted by that law instead.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.

13. Indemnification

You agree to defend, indemnify, and hold harmless Solenery and its directors, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any content you submit to the Platform.

14. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada for the resolution of any dispute arising out of or relating to these Terms or the Platform.

If you are a consumer, this governing law and jurisdiction clause does not deprive you of the protection of the mandatory consumer protection laws of the province or territory where you reside (for example, Quebec's Consumer Protection Act), including any right to bring proceedings in your local courts where that right cannot lawfully be waived. Nothing in these Terms limits those rights.

Before initiating any formal legal proceeding, you agree to contact us at [email protected] and give us 30 days to attempt to resolve the dispute informally.

15. Changes to Terms

We may update these Terms from time to time. Material changes will be posted on the Platform with a revised "Last updated" date. Your continued use of the Platform after the effective date of any updated Terms constitutes your acceptance of the changes. If you do not agree with updated Terms, you must stop using the Platform.

16. Contact

For questions about these Terms or the Platform: