Terms of Use

This Agreement (the “Terms of Use”) describes the terms and conditions that govern your use of the SunPort® mobile app and related devices, information, content, software and web services (collectively the “App”). This Agreement is made between Veeyah® LLC d.b.a. CloudSolar® (referred to as “Veeyah,” “CloudSolar,” “we,” “us” or “our”) and the User (also referred to as “Member,” “user,” “you,” “your” or “yourself”). As consideration for this Agreement, Veeyah® receives value in the form of direct payment for SunJoules® or subscription(s) services either paid by yourself or by others on your behalf, and; you receive value in the form of entertainment and/or education (the “Service”) related to your use of the App. The App is provided by us for your non-commercial use, exclusively intended as an entertainment and/or educational service. By downloading, installing, registering or using the App, you indicate that you understand and accept this Agreement as well as our Privacy Policy.

We reserve the right to change the Terms of Use at any time without notice to you by posting changes on our website www.sunport.co (the “Website”) or by updating the App to incorporate new Terms of Use. You are responsible for regularly reviewing information posted online and/or within the App to obtain timely notice of all changes. Your continued use of the App after changes are posted constitutes your acceptance of the amended Terms of Use.


App Functionality

The App monitors power consumed through any associated SunPort® solar delivery devices and the matching of SunJoules® to that energy use. It also provides other data about your power use through the SunPort®, enables on/off control and timer/schedule functions within the associated SunPorts® and provides certain social and community interfaces to allow visibility of solar use activity by the user and others in the SunPort® community. Additionally, it operates as a background service which monitors your smartphone (“Device”) battery to determine how much energy it uses, and then matches this energy with SunJoule® renewable energy microcredits. In accordance with FTC rulings and accepted industry practice, this matching has the effect of rendering the electricity used through your SunPort® device(s) and by the smartphone Device running the app as solar electricity consumption (i.e: “greening” the electricity).

Use of Service

The Service is provided for your personal and non-commercial use only, intended for the purposes of entertainment and education related to electricity, conservation and renewable energy. You agree to use the Service, including all associated features and functionalities, in accordance with all applicable laws, rules and regulations. You may not use the Service in a manner contrary to the purposes for which we have made it available. We reserve the right to cancel the account of any Member found violating these terms and/or to reverse any transaction in violation of these terms.

By registering for the Service, you are creating a CloudSolar® account which can be credited with SunJoules®. Unless canceled, an account remains active for 12 months after the most recent transaction. Qualifying transactions include the purchase, transfer, or extinguishment of SunJoules®. If a Member fails to have qualifying activity within 12 months, the Member’s account will become inactive and all unused SunJoules® will be forfeited. We reserve the right to cancel the account of any inactive member.

To the extent the Service involves use of our software, applications or other data processing systems, the Member is granted a revocable license for the use of such resources. The Member has no equity in such software, applications or systems and has been granted no permission to alter or use these resources in a manner contrary to the purposes for which we have made them.

Service Limitations

VEEYAH® (AND AFFILIATED PARTIES) ARE NOT ELECTRICITY PROVIDERS AND USE OF ANY VEEYAH® PRODUCT OR SERVICE INCLUDING BUT NOT LIMITED TO SUNJOULES®, THE CLOUDSOLAR® PLATFORM, SUNPORT®OR VSOLAR™ DOES NOT REDUCE OR ELIMINATE YOUR ELECTRIC BILL. YOU MUST CONTINUE TO PAY YOUR LOCAL ELECTRIC UTILITY. VEEYAH® PROVIDES ONLY A MEANS OF ENVIRONMENTAL “GREENING” OF ELECTRICITY YOU DIRECTLY PURCHASE FROM YOUR UTILITY OR OTHERWISE CONSUME.

SunJoule® Terms

SunJoules® are a proprietary brand of renewable energy microcredits that also help fund new solar for non-profits. They embody environmental claims associated with the generation of a fixed increment of renewable electrical power. All SunJoules® are 100% backed by third-party verified or certified renewable energy production, consisting primarily of Green-E certified solar renewable energy certificates. For more information about renewable energy certificates, please visit www.epa.gov, www.nrel.gov, www.energy.gov, and www.sustainability.gov. SunJoules® are fully fungible and cannot necessarily be individually linked to a specific production date or location, unless it is explicitly done at, around or immediately after the time of their use. This feature may or may not be available in the current App version, at our discretion. For more information on SunJoules®, visit www.rechoice.org

CloudSolar® Terms

SunJoules® are obtained, tracked, and extinguished through the CloudSolar® platform. This system which consists of all software and accounts whether maintained on our servers or, will be audited periodically by a third party to ensure the correct tracking and retirement of SunJoules® and their renewable energy backing. By registering the App, you are creating an account within CloudSolar® and are thus subject to all its terms and conditions, including limitations on the use of SunJoules®. For more information on CloudSolar®, visit www.cloudsolar.co

Privacy and Personal Information

For information about our practices related to the collection and use of your personal information, please consult our Privacy Policy, which is hereby incorporated into this Agreement. This policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Website.

You agree to allow the collection of certain user information, subject to the restrictions of our Privacy Policy, resulting from your use of the App. All required permissions are disclosed when the App is initially installed by the user. Although you may choose to limit the App’s collection of such information through your Device’s settings, such limitations may impede features within the App or even render it completely inoperable. Any failures of App performance due to restrictive Device settings will not result in a refund of any amounts paid for the App or SunJoules®.

Account Registration

For registration of the App, you must provide a verified email address. We reserve the right to cease provision of service to users who do not verify their email, or to terminate service without a refund or credit for unused SunJoules® or services, for users whose verified email address becomes invalid. The App does allow a registered user to change or reset the verified email address without loss of SunJoules® or services.

By registering, you consent to receiving electronic communications relating to your account. These communications may include emails, in-app notifications, or notices posted to the Website. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal requirements, including that such communications be in writing.

To download, install, register or use the App, you must be 18 years of age or over. If you are under 18 and you wish to use download, install, register or use the App, you must get consent from your parent or guardian before doing so.

Marketing Communications

You also consent to receiving marketing communications from us, such as newsletters, special offers and customer surveys via email or other methods. If you no longer wish to receive such emails, a link is provided at the bottom of each email allowing you to unsubscribe from our mailing list.

At present there is no way to opt out of in-app advertising notifications, however we reserve the right to make such provisions available and (potentially) charge for such provisions at some future time.

Third Party Websites

We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party website or mobile application to which the App provides a link. The terms and conditions, terms of use and privacy policies of those third party websites and mobile applications will apply to your use of those websites and mobile applications and any orders you make for goods and services via such websites and mobile applications. If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

App Availability & Security

The App is currently available as a download for free, however at our option we may charge for it in some future version, whether as the only available version or in an “upgraded” version. It may not be changed, redistributed, repackaged, or altered in any manner and is provided solely for your personal non-commercial use on any supported smartphone. Not all Devices are supported and we make no guarantee that the App will function on your Device.

The App requires internet connectivity to function. Use of the App does not include the provision of mobile carrier service. You shall be responsible or liable for any costs you may incur including data, roaming, or other connection fees and you agree to hold us harmless for any and all such costs.

We make no guarantee that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the internet and software, this cannot be guaranteed. We own and operate the App on our own behalf and reserve the right to discontinue it at any time. We may change or update the App and anything described in it without notice to you. If the need arises, we may suspend access to the App, or close it indefinitely.

The App and the SunPort include certain security and encryption features within their code and associated communications but Veeyah® makes no claims as to the adequacy or invulnerability of those features. You agree not to use the SunPort® App and/or SunPort® devices for purposes in which any failure of such security features could endanger any property or life and you agree to hold harmless Veeyah® and its affiliates from any and all liability for use to the contrary.


Independence from Platforms

The App is independent of any online “store” platform from which it may be available. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android, Amazon, Microsoft, RIM Blackberry, Verizon, AT&T, Sprint or T-Mobile (each being an “Operator”).

Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator(s) you utilize.

You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these Terms of Use.

The license granted to you for the App is limited to a non-transferable license to use the App on a mobile device that you own or control and as permitted by these Terms of Use.

We are solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

In the event of any failure of the App to conform to any applicable warranty, you may notify the relevant Operator and that Operator will refund the purchase price for the App (if any purchase price has been paid) to you; and, to the maximum extent permitted by applicable law, that Operator will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App will be your sole responsibility, except to the extent they are explicitly covered by our SunPort® device Warranty, in which case it will be ours.

You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

You and we acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by us.

You must comply with any applicable third party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement).

You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Intellectual Property

The contents of SunPort.co and CloudSolar.co, including their “look and feel” (e.g. text, graphics, images, logos, and button icons), photographs, editorial content, software (including html-based computer programs) and other material are protected under US copyright and trademark laws. Veeyah grants you the right to view and use the App subject to these terms. You may download or print a copy of information provided on SunPort.co or CloudSolar.co for your personal, internal and non-commercial use only. Any distribution or reproduction of any content in whole or in part is expressly prohibited without Veeyah’s® prior written consent.

You agree not to reproduce, duplicate, copy or re-sell the App or any part of the App. You agree not to reverse engineer, decompile, disassemble or use any similar means to discover or attempt to discover the underlying composition, structure, source code or trade secrets of any Veeyah® software or hardware provided hereunder. Members agree that Veeyah® exclusively owns all rights to its infrastructure and inventions, whether patented or otherwise; and to all improvements thereof, even if such improvements result from Member input, suggestion or other feedback. Member hereby disclaims any right or equity in any work(s) produced by Member and derivative of, or based on, Veeyah’s® brand, content, infrastructure, products or systems.

In conjunction with your use of the App and associated hardware, you agree not to access without authority, interfere with, damage or disrupt:
a) any part of the App;
b) any equipment or network on which the App is stored;
c) any software used in the provision of the App;
d) any equipment or network or software owned or used by any third party; or
e) any SunPort hardware, whether owned by you or by others.

You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us or the App for the purpose of use on the App, for its improvement or for generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.

You acknowledge that Veeyah® is the owner or authorized licensee of all Trademarks associated with its activities and products, whether registered or unregistered, including without limitation Veeyah®, CloudSolar®, SunPort®, SunJoule®, MatchBox® and VSolar™. You agree not to use any such Trademarks for any commercial purpose not authorized in writing by Veeyah® and will not impede or in any way impede or interfere with Veeyah’s unrestricted rights to its Trademarks.

Disclaimer of Warranties and Limitations on Liability

THE SERVICE AND ALL RELATED CONTENT AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS STATED HEREIN, VEEYAH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT AND FUNCTIONALITY OF THE APP OR OF RELATED SERVICES. WE DO NOT WARRANT USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DELAYS, INACCURACIES, OR ERRORS THAT LIMIT THE BASIC FUNCTIONALITY OF THE APP, INCLUDING ISSUES OF COMPATABILITY. WE DISCLAIM LIABILITY FOR ANY BUGS, VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, VEEYAH® SHALL IN NO EVENT BE RESPONSIBLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, LIQUIDATED OR PUNITIVE DAMAGES OF ANY KIND, NOR SHALL ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE SO LIABLE. VEEYAH® LAIBILITY SHALL BE STRICTLY LIMITED TO THE ACTUAL DOLLAR PURCHASE AMOUNT FOR VEEYAH® PRODUCTS OR SERVICES, TENDERED BY THE CLAIMANT DIRECTLY TO VEEYAH®.

If any portion of this Agreement is deemed unlawful, void or unenforceable, only that portion shall be stricken from the Agreement, and it will in no way affect the remainder of the Agreement. Failure of Veeyah® to enforce any provision of this Agreement shall not constitute a waiver of the unenforced provision.

The terms of this Agreement constitute the entire understanding between you and Veeyah® with respect to matters set forth in this Agreement, and supersedes any and all other previous agreements, verbal commitments or implied agreements. This Agreement may be executed in one or more counterparts, each of which will be deemed an original and your use of the App indicates and constitutes your full acceptance and agreement with all terms of this Agreement.

Governing Law and Arbitration

This Agreement, and your relationship with Veeyah under this Agreement, shall be governed by the laws of the STATE OF NEW MEXICO without regard to principles in conflict of laws. Any dispute with Veeyah®, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved through mutually agreed upon binding arbitration or in small claims court. BY AGREEING TO THESE TERMS OF USE, YOU ARE WAVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

International Users

We operate the software underlying and required for your use of the App from the United States of America and it is possible that some downloads from the App could be subject to government export controls or other restrictions. If you download anything from or use the App, you represent that you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the United States, and using the App from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you choose to access or use the App from or in locations outside of the United States, you do so on your own initiative and are responsible for:
a) ensuring that what you are doing in that country is legal; and
b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licences, registrations, permits and authorizations (including any laws that relate to businesses providing services); and
c) all access to the App through your mobile device, including any international data access or roaming charges; and
d) for bringing these Terms of Use to the attention of all such persons or entities who must be advised of you activities in accordance with local regulations; and
e) accepting and acknowledging that SunJoules® are backed by and consume US-based solar production and you agree to hold Veeyah® harmless for any claims related to the fact that the SunJoules® used may not been sourced from a location or system suitable to or mandated by the jurisdiction within which you have chosen to use the SunPort® device or App.