Last Updated: 23 May 2025

1. Introduction and Acceptance of Terms

This Terms of Service agreement (“Agreement”) is a legally binding contract between you (the “User,” “you,” or “your”) and Tempurium LLC (“Tempurium,” “Company,” “we,” “us,” or “our”). This Agreement governs your access to and use of our website located at www.tempurium.com, our mobile application, and any related software, services, features, and content provided by Tempurium (collectively, the “Service”).

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy (available at /privacy), which is incorporated herein by reference. If you do not agree to all of the terms and conditions of this Agreement, you may not access or use the Service.

2. Description of Service

The Service provided by Tempurium is a platform designed to offer solar power forecasting, energy analytics, and related information to help users understand and potentially optimize their solar energy systems. The User understands that the Service is provided on an "as is" and "as available" basis. The Company makes no representations or warranties, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the Service or the information, products, services, or related graphics contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. The User acknowledges that errors, inaccuracies, or interruptions may exist in the Service and that the Company makes no representations or warranties that they will be corrected or that the Service will be uninterrupted or error-free.

3. User Account and Responsibilities

To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorized such activities or actions. You agree to notify Tempurium immediately of any unauthorized use of your account.

4. User Conduct and Restrictions

You agree not to use the Service for any illegal or unauthorized purpose, or in any manner that is inconsistent with the terms of this Agreement. You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Service. Specifically, you agree not to:

  • Interfere with or disrupt the Service, or the servers or networks connected to the Service.
  • Use the Service to send unsolicited email, spam, or other unauthorized commercial communications.
  • Reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose any portion of the Service, use of the Service, or access to the Service, without our express prior written consent.
  • Attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service.
  • Use any automated system, including without limitation "robots," "spiders," or "offline readers," to access the Service in a manner that sends more request messages to the Tempurium servers than a human can reasonably produce in the same period by using a conventional on-line web browser.

5. Intellectual Property Rights

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Tempurium LLC and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tempurium LLC. This Agreement does not grant you any rights to use the trademarks, logos, or service marks of Tempurium or its affiliates.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEMPURIUM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL TEMPURIUM BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEMPURIUM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL IN NO EVENT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNTS PAID BY YOU TO TEMPURIUM FOR THE PAST THREE MONTHS OF THE SERVICE, IF ANY.

7. Indemnification

You agree to defend, indemnify, and hold harmless Tempurium LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Service, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Service.

8. Modification of Terms

Tempurium reserves the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

9. Termination

Tempurium may, in its sole discretion, at any time terminate or suspend your access to all or a portion of the Service, with or without notice and with or without cause, including, without limitation, if you breach this Agreement. Upon termination, your right to use the Service will immediately cease.

10. Governing Law and Dispute Resolution

This Agreement shall be governed and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Travis County, Texas, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

11. Contact Us

If you have any questions about this Agreement, please contact us at: support@tempurium.com.