Erebus Solar
Terms of Use
These Terms of Use ("Terms") govern your use of the Erebus Solar app (the "App") published by Erebus Solar, LLC ("we", "us"). By downloading or using the App you agree to these Terms. If you do not agree, do not use the App.
1. Licence
We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App on Apple-branded devices that you own or control, as permitted by the App Store terms. Apple's Licensed Application End User Licence Agreement also applies; where it conflicts with these Terms, these Terms prevail to the extent permitted.
2. What the App does, and does not do
The App captures the sky above a site with your iPhone's camera and sensors, estimates the horizon and obstructions, and produces shade reports and horizon files from that capture. Its outputs are a design aid for qualified professionals. They are not a survey, an engineering certification or a guarantee of system performance, and they do not replace review by a licensed professional.
Accuracy depends on factors outside our control, including the phone model and its sensors, compass calibration, sky and lighting conditions, how the capture was performed, and the obstructions you mark. You are responsible for checking results against your own observations and your design tool's simulation before relying on them, and for any use of the outputs in proposals, permits, incentive applications or contracts.
3. Your data
Projects, captures and reports are stored on your device and are yours. You are responsible for backing them up. We have no copy and cannot recover them if they are lost.
4. Paid features
The App may offer optional paid features or subscriptions through Apple's in-app purchase system. What each includes, and its price, is shown in the App before you buy. Any auto-renewable subscription renews unless cancelled at least 24 hours before the end of the current period, and can be managed or cancelled in your Apple Account settings. Payments and refunds are handled by Apple under its policies.
5. Acceptable use
You agree not to reverse-engineer, copy, resell or redistribute the App, to interfere with its operation, or to use it in any way that breaks the law, the App Store terms, or the rights of others, including when capturing images on private property.
6. Intellectual property
The App, its design, algorithms and content (other than Apple Maps imagery and your own data) are owned by us and protected by copyright and other laws. Names of third-party design tools are used for identification only; Erebus Solar is not affiliated with or endorsed by their owners or by Apple Inc.
7. Disclaimer of warranties
The App is provided "as is" and "as available" without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the App will be uninterrupted or error-free or that its outputs are accurate or complete.
8. Limitation of liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost incentives, rejected applications, under-performing systems or other losses arising from your use of or reliance on the App or its outputs. Our total liability for any claim relating to the App is limited to the amount you paid us for the App in the twelve months before the claim. Some jurisdictions do not allow these limitations, so they may not apply to you.
9. Apple
Apple is not responsible for the App or its content and has no obligation to provide maintenance or support for it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
10. Termination
We may suspend or end your access to the App if you break these Terms. You may stop using the App at any time by deleting it.
11. Changes to these Terms
We may update these Terms. The effective date at the top will change, and continued use of the App after a change means you accept the new Terms.
12. Governing law
These Terms are governed by the laws of the Commonwealth of Virginia and applicable United States federal law, without regard to conflict-of-law rules. Any dispute arising from these Terms or the App will be brought in the state or federal courts located in Virginia, and you consent to their jurisdiction, except where the law of your place of residence requires otherwise.