Terms of Service

Last updated: 27th August, 2024

‍Welcome to GSD Solar Limited ("we," "us," or "our"), trading as Pale Blue Dawn. These Terms of Service ("Terms") govern your access to and use of our services, including our website, products, and any other services we provide (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Company Information
GSD Solar Limited
1/150 Symonds Street,
Eden Terrace, Auckland,
New Zealand 1010
Contact: admin@gosolar.dev

2. Description of Services
GSD Solar Limited helps companies automate data between solar sales tools and their primary CRMs, initially focusing on NetSuite. Our services aim to improve response times, install times, customer satisfaction, employee satisfaction, and reduce costs associated with manual data entry errors.

3. Use of Services
By using our Services, you agree to comply with all applicable laws and regulations. You must not use our Services for any illegal or unauthorized purpose. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.

4. Payment Terms
Payment for our Services is currently handled via invoice. All invoices are due within 14 days of receipt. Failure to pay within this timeframe may result in suspension or termination of your access to the Services.

5. Intellectual Property
All intellectual property, including but not limited to the code, software, algorithms, designs, and any other materials created or developed by GSD Solar Limited in the course of providing professional services, is owned solely by GSD Solar Limited. You acknowledge and agree that any such intellectual property remains our exclusive property, and you have no rights to such property except as expressly granted by us.

6. SaaS Product Terms
When we introduce our SaaS product, the following terms will apply:License: Subject to these Terms, we grant you a non-exclusive, non-transferable, limited license to use our SaaS product. Restrictions: You shall not modify, distribute, or create derivative works based on our SaaS product. You shall not reverse engineer or access the product to build a competitive product or service.Data: Any data provided by you while using our SaaS product will be handled in accordance with our Privacy Policy.

7. Privacy and Data Handling
We are committed to protecting your privacy. Our Privacy Policy, which can be found on our website, outlines how we collect, use, and safeguard your information. By using our Services, you consent to our collection and use of your data as described in the Privacy Policy.
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8. SMS and Email Communications Policy

By using our Services that involve SMS and email communications, you (our client) are granting GSD Solar Limited permission to send SMS messages and emails on your behalf. You acknowledge and agree to the following:

a) Client Authorization: You authorize GSD Solar Limited to send SMS messages and emails related to the Services we provide for you. This may include, but is not limited to, service updates, appointment reminders, and promotional offers to your customers.

b) Customer Consent: You confirm that you have obtained express consent from your customers to receive SMS messages and emails related to your business. You take full responsibility for ensuring that all mobile phone numbers and email addresses provided to us have been obtained lawfully and with the proper permissions.

c) Compliance: You agree to comply with all applicable laws and regulations regarding SMS and email communications, including but not limited to the Telecommunications Act 2001, the Privacy Act 2020, and the Unsolicited Electronic Messages Act 2007 in New Zealand, or any other relevant legislation in your jurisdiction.

d) Opt-out Management: You are responsible for managing customer opt-outs and ensuring that customers have a clear way to unsubscribe from SMS and email communications. You agree to promptly inform us of any opt-outs so that we can update our systems accordingly.

e) Content Responsibility: While we facilitate the sending of SMS messages and emails, you are responsible for the content of these communications. You agree that all content will be accurate, appropriate, and in compliance with applicable laws and regulations.

f) Indemnification: You agree to indemnify and hold GSD Solar Limited harmless from any claims, damages, or legal actions arising from SMS or email communications sent on your behalf, including but not limited to claims related to unsolicited messages, privacy violations, or content disputes.

g) Service Limitations: GSD Solar Limited reserves the right to suspend or terminate SMS and email services if we believe they are being used in violation of these Terms or applicable laws.

h) Carrier Charges: For SMS communications, you acknowledge that message and data rates may apply to the recipients. GSD Solar Limited is not responsible for any charges or fees imposed by mobile carriers.

i) Privacy: SMS and email communications will be handled in accordance with our Privacy Policy. We will not use the phone numbers or email addresses provided for any purpose other than delivering the Services you've requested.

j) Anti-Spam Compliance: For email communications, you agree to comply with anti-spam laws, including maintaining accurate header information, providing clear identification that the message is an advertisement (if applicable), and including a valid physical postal address in the email.

k) Email Authentication: You agree to implement proper email authentication protocols (such as SPF, DKIM, and DMARC) to reduce the likelihood of your emails being marked as spam.

l) Support: For SMS or email-related support, to update permissions, or to report any issues, please contact us at admin@gosolar.dev.

9. Limitation of Liability
To the fullest extent permitted by law, GSD Solar Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; and (iii) any interruption or cessation of transmission to or from the Services. For any customer communications such as email and SMS, you agree that you've consensually obtained the data and the user has given permission to contact them via this method.

10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Auckland, New Zealand, and you hereby consent to the personal jurisdiction and venue therein.

11. Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.

12. Contact Information

If you have any questions about these Terms, please contact us at admin@gosolar.dev.