Last Updated: 30 August 2026

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. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction if that is higher, and able to form a binding contract, to create an account or use the Service. By using the Service you represent that you meet these requirements. The Service is not directed to children, and we do not knowingly permit anyone under 13 to create an account; see Section 12 of our Privacy Policy. If you are using the Service on behalf of a business or other legal entity, you represent that you have authority to bind that entity to this Agreement.

3. Description of Service

The Service is a platform that provides solar power forecasting, energy analytics, and related information to help you understand and potentially optimise your solar energy system. It is provided free of charge, as described in Section 4. We may change, suspend, or discontinue any part of the Service at any time.

4. Free Service; No Payment

4.1 No fees. The Service, including every feature described on our features page, is currently provided to you free of charge. There are no subscription tiers, no trial periods, and no in-app purchases. We do not ask for, collect, or store any payment card or bank details, and no payment processor is involved in your use of the Service.

4.2 Your own costs. You are responsible for any costs you incur to access the Service, such as internet, mobile data, and device charges.

4.3 Future paid features. We may introduce paid plans or features in the future. If we do, we will publish the price and terms before any charge is taken, existing features you rely on will not be charged for without at least 30 days' notice under Section 14 ("Modification of Terms"), and nothing will be billed to you unless you expressly opt in and provide a payment method at that time.

5. 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.

6. 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.
  • Share your account with, or transfer or resell access to, any other person, or use a single account for multiple households or properties.
  • Circumvent or attempt to circumvent any rate limit, usage quota, paywall, tier restriction, trial limitation, or other access control in the Service.
  • Probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication measure, except under a written authorisation from us.
  • Reverse engineer, decompile, or disassemble any part of the Service, or attempt to derive its source code, except to the extent that restriction is prohibited by applicable law.
  • Scrape, harvest, or systematically collect outputs of the Service — including AI assistant responses, forecasts, or analytics — to build, train, or improve any machine learning model, dataset, or competing product.

7. AI-Assisted Features

7.1 What they are. Parts of the Service — including the daily briefing, energy-use recommendations, appliance scheduling, weekly insights, and the AI chat assistant — are generated using a third-party large language model. To generate a response we send relevant context, such as your solar system configuration and recent weather data, to our AI provider, as described in our Privacy Policy.

7.2 AI OUTPUT MAY BE INACCURATE. AI-GENERATED CONTENT IS PRODUCED AUTOMATICALLY AND MAY BE INCOMPLETE, OUT OF DATE, OR SIMPLY WRONG, INCLUDING WHEN IT SOUNDS CONFIDENT. It is provided for general informational purposes only. You are responsible for evaluating its accuracy and usefulness before relying on it, and you should independently verify anything important — particularly figures relating to money, equipment, incentives, or safety.

7.3 Not professional advice. AI output is not, and must not be relied on as, financial, investment, tax, legal, engineering, electrical, or professional advice. See Section 11.3.

7.4 Acceptable use of the AI features. When using the AI assistant you must not submit prompts, or attempt to elicit output, that: is unlawful, defamatory, harassing, hateful, or violent; sexually exploits or depicts minors; facilitates weapons, malware, fraud, or other criminal activity; infringes another person's intellectual property or privacy; constitutes another person's sensitive personal information; or is used to provide regulated professional advice to third parties. You must not attempt to bypass safety filters, extract system prompts, or use the assistant to develop or train a competing AI model. These restrictions are passed through to you from our AI provider's usage policies, and we may suspend access to the AI features, or to the Service, if we reasonably believe you have breached them.

7.5 Output. As between you and us, and subject to our AI provider's terms, you may use the output generated for you in connection with your own solar system. We make no representation that output is unique; similar prompts may produce similar responses for other users.

8. Your Content, Licence, and Feedback

8.1 Your Content. "Your Content" means the information you submit to the Service, including your location and solar system configuration (panel count, wattage, tilt, orientation, installation type), your appliance selections, the inverter production readings you enter, and the messages you send to the AI assistant. As between you and Tempurium, you retain all ownership of Your Content.

8.2 Licence to operate the Service. You grant Tempurium a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit, adapt, and process Your Content solely for the purposes of operating, maintaining, securing, and improving the Service and providing it to you. This includes transmitting the relevant parts of Your Content to the third-party providers described in our Privacy Policy — for example sending your messages and solar context to our AI provider so it can generate a response, or your city to our weather provider so it can return a forecast. This licence exists only to make the Service work; it does not permit us to sell Your Content or use it for advertising.

8.3 Scope of storage. The rights granted above apply only to what we actually retain. We do not keep a server-side history of your AI conversations: each request carries the conversation from your device, and we do not store it afterwards. Your account details, solar configuration, and inverter readings are stored as described in our Privacy Policy.

8.4 Duration. This licence lasts as long as we hold Your Content, and ends when Your Content is deleted, subject to the retention periods described in the Privacy Policy and to any copies retained in routine backups until those backups expire.

8.5 Your responsibility. You represent that you have the right to submit Your Content and that doing so does not violate any law or third-party right. You are responsible for the accuracy of the system details you enter; forecasts, savings figures, and calibration results are only as accurate as the configuration you provide.

8.6 Aggregated and de-identified data. We may create aggregated or de-identified data from Your Content (for example, average system performance across a region) and use it to operate and improve the Service. We will maintain such data in de-identified form and will not attempt to re-identify it, except as permitted by law to test our de-identification. Such data does not identify you and is not treated as Your Content.

8.7 Feedback. If you send us suggestions, ideas, feature requests, bug reports, or other feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable licence to use, reproduce, modify, and exploit that Feedback for any purpose, without any obligation of compensation, attribution, or confidentiality. Please do not send us Feedback you consider confidential or that you are not free to share.

9. Intellectual Property Rights

The Service and its original content (excluding Your Content), 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.

10. Mobile Application, Updates, and App Store Terms

10.1 Licence to use the app. Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the Tempurium mobile application on a device you own or control, for your personal, non-commercial use. You may not copy, modify, reverse engineer, decompile, or create derivative works of the application except to the extent that restriction is prohibited by applicable law.

10.2 Updates. We may release updates, bug fixes, and new versions of the application from time to time, and may do so automatically through your app store. You are responsible for installing updates. We may stop supporting older versions, and an out-of-date version may cease to function correctly or at all — for example if it relies on a part of our API that has changed. We may also modify, suspend, or discontinue any feature of the application at any time.

10.3 Distribution through app stores. The application is distributed through third-party app stores, including the Google Play Store and, where applicable, the Apple App Store (each a "Store"). Your use of the application is also subject to the Store's own terms of service. Where a Store's terms conflict with this Agreement in relation to the application, the Store's terms govern to the extent of that conflict.

10.4 Apple App Store — additional terms. The following apply if you obtained the application from the Apple App Store:

  • This Agreement is concluded between you and Tempurium LLC only, not with Apple Inc. ("Apple"). Tempurium, not Apple, is solely responsible for the application and its content.
  • The licence granted in Section 10.1 is limited to a non-transferable licence to use the application on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
  • Apple has no obligation whatsoever to provide any maintenance or support for the application.
  • In the event the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are Tempurium's sole responsibility.
  • Tempurium, not Apple, is responsible for addressing any claims by you or any third party relating to the application or your use of it, including product liability claims, any claim that the application fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
  • In the event of any third-party claim that the application or your use of it infringes that third party's intellectual property rights, Tempurium, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.
  • You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
  • Questions, complaints, or claims about the application should be directed to support@tempurium.com.

10.5 Google Play — additional terms. If you obtained the application from the Google Play Store, your use is additionally subject to the Google Play Terms of Service. Tempurium, not Google, is solely responsible for the application, for providing any support, and for addressing any claims relating to it.

11. DISCLAIMER OF WARRANTIES

11.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEMPURIUM AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

11.2 NO WARRANTY AS TO RESULTS. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF HARMFUL COMPONENTS; OR THAT ANY FORECAST, ESTIMATE, SCORE, RECOMMENDATION, OR OTHER OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR YOUR PURPOSES. THE SERVICE DEPENDS ON THIRD-PARTY WEATHER, MAPPING, AND AI PROVIDERS, AND WE DO NOT WARRANT THEIR DATA OR AVAILABILITY.

11.3 NO PROFESSIONAL OR RELIANCE ADVICE. THE SERVICE PROVIDES MODELLED ESTIMATES, NOT MEASUREMENTS OR PROFESSIONAL ADVICE. Solar forecasts, performance scores, calibration results, savings figures, payback estimates, and appliance schedules are generated from weather models and the configuration you supply. They are not financial, investment, tax, legal, engineering, electrical, or professional advice, and they are not a substitute for a site survey, a licensed installer, an electrician, or your utility. You must not rely on the Service for system sizing, interconnection or permitting applications, safety decisions, warranty claims, regulatory filings, or the purchase or financing of equipment. Always consult a qualified professional before making decisions of that kind. Actual solar production varies with weather, shading, soiling, equipment condition, and other factors that the Service cannot observe.

11.4 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum scope and duration permitted by law.

12. 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; OR (IV) ANY DECISION YOU MAKE, OR ACTION YOU TAKE OR FAIL TO TAKE, IN RELIANCE ON ANY FORECAST, ESTIMATE, SCORE, OR AI-GENERATED OUTPUT PROVIDED THROUGH THE SERVICE.

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.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

13. 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.

14. 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. We will give that notice by email to the address associated with your account, by posting the updated Agreement on the Service with a revised "Last Updated" date, or by an in-app or on-site notice — any one of which is sufficient. 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 and close your account as described in Section 15.1.

15. Termination

15.1 Termination by you. You may stop using the Service at any time, and you may delete your account at any time from the account settings page within the Service. Deleting your account ends this Agreement and removes your account data as described in our Privacy Policy. Deletion is permanent and cannot be undone.

15.2 Termination by us. 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.

15.3 Survival. The following survive termination or expiry of this Agreement for any reason: Section 8 (Your Content, Licence, and Feedback, insofar as it applies to content we lawfully retain, including in backups, and to Feedback and de-identified data), Section 9 (Intellectual Property Rights), Section 11 (Disclaimer of Warranties), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 16 (Governing Law, Arbitration, and Class Action Waiver), Section 17 (General Provisions), together with any other provision that by its nature is intended to survive.

16. Governing Law, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION.

16.1 Governing law. 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.

16.2 Informal resolution first. Before starting an arbitration, you agree to try to resolve the dispute informally by emailing support@tempurium.com with a description of the dispute and the relief you are seeking. We will try to resolve it with you for 30 days from that email. Most concerns can be resolved this way.

16.3 Binding arbitration. If we cannot resolve the dispute informally, any dispute arising from or relating to this Agreement or the Service shall be finally settled by binding arbitration in Travis County, Texas, conducted in English in accordance with the Arbitration Rules and Procedures of JAMS then in effect, before one commercial arbitrator with substantial experience resolving commercial contract and intellectual property disputes. Judgment on the award may be entered in any court of competent jurisdiction.

16.4 CLASS ACTION WAIVER. YOU AND TEMPURIUM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this Section 16.4 is found to be unenforceable as to a particular claim or request for relief, then that claim or request shall be severed and brought in a court of competent jurisdiction, while the remainder of this Section 16 continues to apply in arbitration.

16.5 Jury trial waiver. To the extent any dispute proceeds in court rather than arbitration, you and Tempurium each waive any right to a trial by jury.

16.6 Your right to opt out of arbitration. You may opt out of Sections 16.3 through 16.5 by emailing support@tempurium.com with the subject line "Arbitration Opt-Out", together with your account email address, within 30 days of first accepting this Agreement. Opting out will not affect any other part of this Agreement, and we will not close your account or treat you differently for doing so.

16.7 Exceptions. Nothing in this Section prevents either party from bringing an individual claim in small claims court, or from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights. Nothing in this Section waives any right you cannot waive under applicable law.

17. General Provisions

17.1 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed from this Agreement. The remaining provisions shall continue in full force and effect, except that Section 16.4 (Class Action Waiver) is governed by the specific severability rule stated within it.

17.2 Entire agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Tempurium regarding the Service, and supersedes all prior or contemporaneous understandings, communications, and proposals, whether oral or written.

17.3 No waiver. Our failure or delay in exercising any right under this Agreement is not a waiver of that right. A waiver is effective only if made in writing and signed by an authorised representative of Tempurium, and applies only to the specific instance given.

17.4 Assignment. You may not assign or transfer this Agreement, or any rights or obligations under it, without our prior written consent; any attempt to do so is void. We may assign this Agreement without restriction, including to an affiliate or in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our assets. This Agreement binds and benefits the parties' permitted successors and assigns.

17.5 Force majeure. We are not liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including acts of God, natural disasters, severe weather, war, terrorism, civil unrest, labour disputes, governmental action, epidemics, power or telecommunications failures, internet or hosting outages, or the failure or unavailability of third-party services on which the Service depends.

17.6 Notices. We may give you notice by email to the address associated with your account, by posting on the Service, or by in-app notice. Notices to us must be sent to support@tempurium.com and, where a written notice is legally required, also by post to Tempurium LLC, 301 S Heatherwilde Blvd #953, Pflugerville, Texas 78691, United States. Notice by email is deemed given when sent. It is your responsibility to keep your email address current.

17.7 Electronic communications and E-SIGN consent. By using the Service you consent to receive all communications, agreements, notices, disclosures, and records from us electronically — by email or by posting on the Service — rather than on paper, and you agree that this satisfies any legal requirement that such communications be in writing. You may withdraw this consent by emailing support@tempurium.com, but because the Service is delivered online, withdrawing consent means we may have to close your account. To access electronic records you need a device with an internet connection, a current web browser, and a valid email address; you may request a paper copy of any record by contacting us.

17.8 Relationship of the parties. Nothing in this Agreement creates any partnership, joint venture, employment, or agency relationship between you and Tempurium.

17.9 Headings. Section headings are for convenience only and do not affect the interpretation of this Agreement.

17.10 Export and sanctions compliance. You represent that you are not located in, and are not a national or resident of, any country subject to U.S. embargo or sanctions, and that you are not on any U.S. government restricted-party list.

18. Contact Us

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