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SG Nexus Solar — Terms of Service

Effective date: 29 July 2026 Last updated: 6 August 2026

These Terms of Service ("Terms") form a binding agreement between you and DCI Industries LLC, a Tennessee limited liability company doing business as SG Nexus and SG Nexus Solar ("SG Nexus", "we", "us", "our"), and govern your access to and use of the SG Nexus Solar website at sg-nexus.com, the SG Nexus Solar platform, and the features, tools, content, and services we make available through them (together, the "Services").

By creating an account, purchasing platform access, purchasing usage credit, or otherwise using the Services, you agree to these Terms. If you do not agree, you must not use the Services.

Please read Section 10 (Disclaimers, limitation of liability, and indemnity) and Section 14 (Disputes, arbitration, and governing law) carefully. Section 10 limits our liability to you. Section 14 requires most disputes to be resolved by individual binding arbitration and waives your right to a jury trial and to participate in a class action. Section 11 sets out variations that apply in particular countries and, where it applies, overrides the rest of these Terms — including Sections 10 and 14.

1. Who we are

SG Nexus Solar is an independent solar information platform for the Australian solar market. We publish research, explanatory content, comparison information, and decision-support tools covering solar panels, inverters, batteries, generators, and related equipment across grid-connected, hybrid, and off-grid systems, for both residential and commercial applications.

We are built and maintained by people with licensed electrical and accredited solar design and installation backgrounds. Our purpose is to help people understand solar before they buy it.

We are not a solar retailer, a solar installer, an electrical contractor acting for you, a lead-generation business, or a broker. We do not sell solar equipment, we do not install it, and we are not paid by anyone to recommend it. Our independence is a commitment of the platform, and Section 6 describes how that commitment operates in practice.

DCI Industries LLC is the contracting entity for the Services. Contact details are in Section 15.

2. What the Services are — and what they are not

This section is the most important part of these Terms. It defines the boundary of what we do.

2.1 General information only

Everything on the Services — articles, explanations, comparisons, calculators, checklists, directory listings, and anything generated by our Solar Assistant or My Solar features — is general information for education and orientation only. It is provided to help you understand a subject and ask better questions. It is not tailored professional advice, and it does not take account of the specific circumstances of your site, your building, your electrical installation, your network connection, your finances, or your household.

2.2 Not electrical, engineering, or design advice

The Services do not constitute, and must never be relied upon as:

  • electrical advice, electrical design, or an electrical installation design;
  • a system design, sizing, or specification for any particular site;
  • an engineering assessment, structural assessment, or safety assessment;
  • a compliance certification, inspection, or sign-off of any kind;
  • an instruction, permission, or authorisation to carry out any work.

Solar, battery, and electrical systems are dangerous. Direct-current photovoltaic circuits, battery energy storage systems, and grid-connected inverters carry serious risks of electrocution, arc flash, fire, thermal runaway, and death.

You must not perform, attempt, direct, or allow any electrical work, any photovoltaic installation work, or any battery installation, alteration, connection, disconnection, or servicing work on the basis of anything you read, generate, or obtain through the Services. All such work must be designed, carried out, tested, and certified by appropriately licensed and accredited professionals, in accordance with the law of your jurisdiction, the requirements of your electricity network operator, the applicable standards, and the equipment manufacturer's instructions.

In Australia this means, at minimum, a licensed electrician or electrical contractor, and where accreditation is required for a rebate or a network connection, a currently accredited designer and installer. Section 11.2 sets out further Australian requirements.

2.3 Not financial, tax, legal, or insurance advice

Nothing on the Services is financial product advice, credit advice, investment advice, tax advice, legal advice, or insurance advice. Payback periods, savings estimates, return-on-investment figures, rebate and incentive values, certificate values, feed-in tariff figures, and any other financial output are indicative modelling based on assumptions, not predictions, guarantees, or offers. Actual outcomes vary with tariffs, consumption, weather, equipment performance, installation quality, regulatory change, and factors outside our knowledge or control.

Rebates, incentives, certificate schemes, tariffs, network rules, and standards change frequently and differ by state, territory, and network area. Information that is accurate when published may cease to be accurate. You are responsible for verifying current requirements with the relevant authority, scheme administrator, or network operator before acting.

2.4 Not a substitute for a professional

The Services are designed to be used before and alongside professional engagement, not instead of it. Use them to orient yourself, to understand the vocabulary, to know what questions to ask, and to interrogate what you are told. Then obtain advice from a qualified professional who can inspect your site and take responsibility for their advice. We take no responsibility for any decision you make without doing so.

2.5 No professional relationship

Your use of the Services does not create any professional, advisory, fiduciary, consulting, contractual, or duty-of-care relationship between you and SG Nexus, DCI Industries LLC, or any of their personnel, beyond the relationship expressly created by these Terms. No such relationship arises from your use of Solar Assistant, My Solar, or any interaction with our content or staff.

3. Account creation and access

3.1 Eligibility

You must be at least 18 years old to create an account or purchase access. The Services are not directed at children, and we do not knowingly permit anyone under 18 to hold an account. If you are using the Services on behalf of a business or other organisation, you represent that you are authorised to bind that organisation to these Terms, and "you" includes that organisation.

3.2 Your account

You must provide accurate and complete registration information and keep it current. You are responsible for all activity that occurs under your account, and for keeping your credentials confidential. Do not share your account, your password, or your access with anyone else. Notify us at support@sg-nexus.com immediately if you become aware of any unauthorised access to or use of your account.

Accounts are for a single named user. Access purchased by an organisation may be allocated to named individuals; it may not be pooled, resold, time-shared, or made available to the public.

3.3 Free, trial, and promotional access

We may offer free access, partial access, trial access, discounted access, and other promotional arrangements. These are offered at our discretion, on the terms stated at the time of the offer, and may be limited by time, by number of participants, or by feature. Where the terms of a specific offer conflict with these Terms, the terms of that offer prevail for that offer only.

3.4 Access to features

We may add, change, withdraw, or restrict features at any time. We may also limit access to particular features by access tier, by usage credit balance, by jurisdiction, or by fair-use limits. Section 7 explains how the paid elements of the Services work.

4. Acceptable use of the Services

You may use the Services only for lawful purposes and in accordance with these Terms. You must not, and must not permit anyone else to:

(a) Break the law or cause harm. Use the Services in violation of any applicable law or regulation, or in any way that infringes, misappropriates, or violates the rights of any person.

(b) Perform or procure unsafe work. Use the Services as the basis for carrying out, directing, or procuring any electrical, photovoltaic, or battery work, contrary to Section 2.2, or represent to any person that output from the Services constitutes a compliant design, an inspection, a certification, or professional advice.

(c) Misrepresent our output. Present content, calculations, or AI-generated output from the Services as your own professional advice, as an endorsement by SG Nexus of any product, installer, or company, or as a certification of compliance, safety, or suitability.

(d) Build a competing service from our material. Use the Services, or any content or output obtained from them, to develop, train, benchmark, or improve any competing product, model, dataset, or service.

(e) Scrape, harvest, or extract in bulk. Access the Services by any automated means, including scrapers, crawlers, bots, or scripts, or extract, copy, or compile content, listings, or data from the Services in bulk, except with our prior written permission.

(f) Reverse engineer. Decompile, disassemble, reverse engineer, or attempt to discover the source code, models, prompts, system instructions, or underlying components of the Services, except where that restriction is prohibited by law.

(g) Interfere with the Services. Attempt to gain unauthorised access to any part of the Services or any related system; probe, scan, or test the vulnerability of any system; circumvent any access control, rate limit, usage limit, or security measure; or take any action that imposes an unreasonable load on our infrastructure.

(h) Abuse the usage credit and payment system. Attempt to obtain access or usage credit without paying, exploit a pricing or billing error, use fraudulent or unauthorised payment methods, or make chargebacks in bad faith.

(i) Upload harmful or unlawful material. Submit malware, or material that is unlawful, defamatory, harassing, deceptive, or that you do not have the right to submit, including personal information about another person that you have no lawful basis to provide.

(j) Resell or sublicense. Resell, sublicense, rent, lease, or otherwise commercially exploit the Services or access to them.

(k) Misuse the Installer Directory. Use the Installer Directory or any listing in it for marketing, solicitation, list-building, harassment, or any purpose other than researching and selecting a provider for your own project.

We may investigate suspected breaches of this Section 4 and take any action we consider appropriate, including removing content, restricting features, suspending or terminating your account, and reporting the matter to law enforcement.

5. Inputs, Outputs, and Materials

5.1 Definitions

  • "Inputs" means everything you submit to the Services, including questions, prompts, uploaded quotes, invoices, bills, photographs, system details, meter or monitoring data, site information, and settings.
  • "Outputs" means everything the Services generate in response to your Inputs, including AI-generated answers, summaries, comparisons, calculations, and reports.
  • "Materials" means Inputs and Outputs together.
  • "Intelligent Surfaces" means the features of the Services that generate Outputs using artificial intelligence, currently Solar Assistant and My Solar, and any successor or additional AI feature we make available.

5.2 Your responsibility for Inputs

You are responsible for your Inputs. You represent and warrant that you have all rights necessary to submit them, that submitting them does not breach any law, contract, or confidentiality obligation, and that they do not infringe anyone's rights.

Do not submit information you are not entitled to share. If you upload a quote, a design, a bill, or a document prepared by a third party, you are responsible for ensuring you are permitted to do so. Do not submit sensitive personal information, government identifiers, payment card numbers, or health information. Do not submit another person's personal information unless you have a lawful basis to do so.

5.3 Ownership of Materials

As between you and us, you retain ownership of your Inputs.

The legal status of rights in AI-generated material is unsettled and varies by country, so we do not make claims about who owns an Output. As between you and us, we retain whatever rights we may have in Outputs, and we grant you a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use, copy, modify, and distribute the Outputs generated for you, for your own purposes, subject to the restrictions in these Terms. Outputs generated for you are not "our content" for the purposes of Sections 9.1 and 9.2, and nothing in those sections restricts your use of them. This licence survives termination.

You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, display, and reproduce your Materials for the purposes of operating, securing, supporting, and improving the Services, and as described in our Privacy Policy.

5.4 Outputs are not reliable by default

Artificial intelligence systems are probabilistic. Outputs may be inaccurate, incomplete, outdated, internally inconsistent, or simply wrong, and may state incorrect information with apparent confidence. Outputs are not reviewed by a person before you receive them.

Outputs may also be similar to, or the same as, output generated for other users. We make no representation that Outputs are unique or original.

You must independently evaluate and verify any Output before relying on it, and you must not rely on any Output for a safety-critical, financial, legal, or compliance decision. Sections 2.1 to 2.5 apply in full to all Outputs.

5.5 My Solar and information you provide about your system

My Solar generates Outputs based on the information you give us about your site, system, consumption, and quotes. The quality of the Output depends entirely on the accuracy and completeness of what you provide. We do not inspect your site, verify your data, audit your equipment, or confirm the accuracy of any document you upload. An assessment of a quote produced by My Solar is an information tool to help you understand what a quote contains and what questions to ask; it is not a professional review of that quote, not an opinion on the competence of whoever issued it, and not a recommendation to accept or reject it.

5.6 Model training

We do not use your Inputs or Outputs to train, fine-tune, or otherwise develop any artificial intelligence or machine learning model, whether a foundation model or any other model, classifier, or ranker. We contract with our AI providers on terms that do not permit them to train their models on data submitted through our platform. We may use de-identified and aggregated information to analyse and improve the Services, as described in our Privacy Policy. We may retain and review Materials flagged for safety, security, or abuse reasons.

5.7 Feedback

If you give us feedback, ratings, suggestions, bug reports, or ideas about the Services, we may use them without restriction, without obligation to you, and without compensation. Feedback is not confidential. Do not include anything in feedback that you are not willing to have us use freely.

6. The Installer Directory

6.1 We do not recommend installers

SG Nexus Solar never names, ranks, rates, recommends, endorses, or refers any installer, retailer, designer, or contractor. This is a permanent positioning commitment of the platform, not a temporary policy. We do not accept payment, commission, referral fees, or any other consideration in exchange for recommending or preferring any provider, and we do not sell or pass on your details as a sales lead.

6.2 What the Directory is

The Services include a "Find an Installer" section (the "Installer Directory") in which providers may publish profile information about themselves. The Directory is a search and self-selection tool. It exists so that you can look at the information available, apply your own criteria, and choose someone yourself.

6.3 What the Directory is not

Listing in the Directory is not a recommendation, an endorsement, a rating, an accreditation, a certification, a guarantee of licensing or accreditation status, a guarantee of insurance, a guarantee of workmanship, or a statement that a provider is suitable for your project. The order in which listings appear is not a ranking of quality.

Profile information is supplied by the listed provider or drawn from public sources. We do not independently verify it, and it may be inaccurate, incomplete, or out of date. You are responsible for verifying a provider's licence, accreditation, insurance, and standing directly with the relevant issuing authority before engaging them.

6.4 Your dealings with providers are yours alone

Any contract, quotation, negotiation, payment, work, warranty, dispute, or claim between you and a provider you find through the Directory is entirely between you and that provider. We are not a party to it, we have no involvement in it, and we accept no liability arising from it, including for the quality, safety, timeliness, legality, or cost of any work performed, or for any loss you suffer in connection with any provider.

6.5 Provider listings

If you are a provider and you submit a listing, you warrant that the information you supply is accurate and current, that you hold the licences, accreditations, and insurances you claim, and that you will update or withdraw your listing promptly if that ceases to be true. We may edit, decline, suspend, or remove any listing at any time, for any reason, without liability. Listing does not create any partnership, agency, joint venture, or employment relationship between us.

7. Fees, platform access, and usage credit

7.1 Two separate elements

Paid use of the Services has two separate and independent commercial elements:

  1. Platform access — a recurring subscription fee that provides access to the platform and its content. We also refer to this as your subscription.
  2. Usage credit — a pre-paid pool of funds that is consumed when you use the Intelligent Surfaces (Solar Assistant and My Solar).

Platform access does not include usage credit unless we expressly say so. Usage credit does not provide platform access. Each is purchased, held, and refunded separately, on the terms below.

7.2 Platform access

Platform access fees are charged in advance for the applicable period stated at checkout. Platform access renews automatically at the end of each period at the then-current rate for your plan, except where Section 3.3 (promotional pricing) provides otherwise, using your payment method on file, until you cancel.

You may cancel at any time through your account settings or by contacting support@sg-nexus.com. Except where Section 7.4 applies, cancellation takes effect at the end of the period you have already paid for; you retain access until then, and you are not charged again. Except as set out in Sections 7.4, 12.3, 13.2, or 11, fees already paid for a period are not refundable, and we do not provide partial-period refunds.

7.3 Changes to fees

We may change our fees. For platform access, we will give you at least 30 days' notice before a change takes effect for your account, and the change will apply from your next renewal. If you do not accept the change, your remedy is to cancel before it takes effect.

Any change to a listed price will be made in accordance with the laws and regulations that apply where you are located, including any requirement for advance notice, any requirement as to how that notice is given, and any right you have to cancel before the change takes effect. We will publish notice of the change on the platform, and will give any further or different notice that the law where you are located requires. Where a promotional or retained rate has been given to you on the basis that you keep it for as long as your subscription continues without interruption, a change to our listed prices does not change that rate.

Because listed prices are derived from a base price and a conversion rate as described in Section 7.8, a change may arise from a movement in either. The notice and cancellation rights in this Section apply in the same way whichever it is.

For usage credit consumption rates, Section 7.6 applies.

7.4 14-day refund of platform access

You may obtain a full refund of your platform access fee if you cancel within 14 days of purchase. This applies to every account type, including installer accounts.

This right applies to your first paid platform access purchase only. It does not apply to renewals, and it does not reset when your access renews. It applies to the platform access fee only and does not apply to usage credit, which is dealt with in Section 7.7.

To obtain the refund, go to Account and delete your account within the 14-day period. The refund is issued automatically — you do not need to contact us. Refunds are processed within 5 business days, to your original payment method. Where we refund your platform access fee in full under this Section 7.4, your platform access ends on the date the refund is processed rather than continuing to the end of the period, because the period has been refunded. Your usage credit balance is unaffected and remains available under Section 7.5.

This right is in addition to, and does not limit, any non-excludable statutory right you may have, including under Section 11.

7.5 Usage credit

Usage credit is pre-paid funds purchased in advance and drawn down as you use the Intelligent Surfaces. Usage credit is denominated in the billing currency and is not a security, a deposit, a financial product, stored-value currency, or a claim against any third party.

Usage credit does not expire. Pre-paid usage credit remains available in your account until you consume it or it is refunded under Section 7.7, including during periods when your platform access is inactive.

Usage credit is personal to your account. It may not be transferred, sold, gifted, pooled, or exchanged for anything other than use of the Intelligent Surfaces or a refund under Section 7.7.

If you close your account, or if we terminate it for any reason, your unused usage credit balance is not forfeited. We will refund it to you under Section 7.7, subject only to any set-off under Section 12.4, and we will contact you at the email address on your account to arrange this if you have not already requested it. If we suspend your account temporarily, your usage credit balance simply remains in place and is unaffected.

You may set your account to purchase usage credit automatically when your balance falls below a threshold. If you enable this, you authorise us to charge your payment method accordingly until you turn it off.

7.6 How usage credit consumption is priced

Usage of the Intelligent Surfaces is charged at a set percentage above our actual base cost from the artificial intelligence, model, and software providers that power those features.

This means our charged rates move with our supplier costs. If our suppliers increase their prices, the rate at which usage credit is consumed will increase correspondingly. The percentage margin we apply is what is fixed; the underlying cost is not, and it is not within our control.

We will give you at least 14 days' notice in the Services before we increase the margin we apply. Changes in the underlying supplier cost may take effect without advance notice, because they are not within our control. We do not publish the specific margin figure.

Your usage credit balance always retains its face value in the billing currency. A change in supplier costs affects how far a given balance goes, not what the balance is worth, and Section 7.7 preserves your ability to recover the unused portion of it.

7.7 Refund of unused usage credit

If you leave the platform, you may request a refund of your unused usage credit balance at any time. Contact support@sg-nexus.com. We will refund it to your original payment method, or by another reasonable method if the original is no longer available.

Your unused usage credit balance is the amount you have paid in less the amount consumed by your use of the Intelligent Surfaces at the rates published at the time of each use. We do not refund usage credit already consumed.

We make no deduction from the unused balance other than: an amount we are required by law to withhold; and a set-off under Section 12.4 for an amount you actually owe us that is due and payable. In either case we will tell you the amount and the reason.

7.8 Billing, currency, and taxes

Prices are listed and charged in your local currency. For customers in Australia, prices are listed and charged in Australian dollars (AUD). The price shown to you at checkout is the price charged to your payment method, in that currency.

How a listed price is arrived at. We calculate the base price of platform access, and of the running costs of operating the platform, in United States dollars (USD), because the substantial majority of the infrastructure and service costs of running the platform are incurred by us in that currency. That base price is then converted to your local currency, and the converted amount determines the price we list and charge. The USD figure is an internal input to setting the local price; it is not the price you are charged, and you are not billed in USD.

What this means for you. Because a listed price is derived from a base price and a conversion rate, a listed price may change if either the underlying cost of operating the platform changes or the rate of conversion between US dollars and your local currency changes. We do not change a listed price without following Section 7.3, including its notice requirements and your right to cancel before a change takes effect.

Fees are exclusive of taxes unless stated. You are responsible for all applicable sales, use, value-added, goods and services, and similar taxes, other than taxes on our income. Where we are required to collect a tax and it is not already included in the listed price, we will add it at checkout. Section 11.2 deals with Australian GST.

7.9 Payment processing and failed payments

Payments are processed by third-party payment processors. We do not store full payment card details. Your use of a payment method is also subject to that processor's terms.

You must keep a valid payment method on file. If a payment fails, we may retry it, and we may suspend or restrict access until payment succeeds. You remain liable for amounts properly due.

7.10 Billing disputes

If you believe you have been charged incorrectly, contact support@sg-nexus.com within 60 days of the charge and we will investigate in good faith. Please raise a dispute with us before initiating a chargeback.

8. Third-party services, links, and software

8.1 Third-party content and links

The Services may link to, embed, or reference third-party websites, documents, standards, datasheets, calculators, schemes, and services. We do not control them, we do not endorse them, and we are not responsible for their content, accuracy, availability, security, or practices. Your use of them is at your own risk and subject to their terms.

8.2 Third-party integrations

If you connect a third-party service to your account, you authorise us to exchange information with that service as necessary for the integration. That service's handling of your information is governed by its own terms and privacy policy, not ours.

8.3 Manufacturer information

Product information, specifications, datasheets, warranty terms, and performance figures originate with manufacturers and suppliers. We reproduce and summarise them for convenience. They change without notice, they may contain errors, and they may differ by model variant, production batch, firmware version, and market. Always confirm current specifications and warranty terms with the manufacturer or supplier before relying on them.

8.4 Software

If we make software available to you, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use it solely to access the Services. Software may update automatically. Where any component is provided under an open-source licence and that licence conflicts with these Terms, the open-source licence prevails for that component.

9. Ownership, content moderation, and intellectual property

9.1 Our rights

We and our licensors own the Services and everything in them, including all content, text, research, methodology, calculators, tooling, design, structure, software, trade marks, and branding. These Terms grant you a limited right to access and use the Services; they do not transfer ownership of anything.

9.2 Permitted use of our content

You may view, download, and print reasonable amounts of our content for your own personal, non-commercial use in connection with your own project. You may not republish, redistribute, syndicate, sell, or systematically copy our content, and you may not use it to train any model or to build any dataset or competing product.

9.3 Our brand

You may not use our names, logos, or branding without our prior written permission, and you may not state or imply that we endorse, certify, review, approve, or are affiliated with you, your business, your products, or your work.

9.4 Content moderation

We may review, moderate, edit, restrict, or remove any user-submitted content, listing, or Input at any time, using automated tools, human review, or both, where we consider it breaches these Terms, breaches the law, or is otherwise inappropriate. We are not obliged to monitor content, and we do not adopt or endorse user-submitted content by permitting it to remain.

To report content you believe breaches these Terms or infringes your rights, contact support@sg-nexus.com with sufficient detail for us to identify and assess it.

9.5 Copyright complaints

If you believe material on the Services infringes your copyright, send a notice to admin@dci-us.com identifying the work, identifying the material and its location, and including your contact details, a statement of good-faith belief that the use is unauthorised, and a statement that the information in your notice is accurate. We will respond appropriately, which may include removing the material and terminating repeat infringers' accounts.

10. Disclaimers, limitation of liability, and indemnity

This section limits our liability to you. Read it carefully. If you are in a country covered by Section 11, that section may modify or override this section, and where it does, Section 11 prevails.

10.1 Disclaimer of warranties

The Services are provided "as is" and "as available", with all faults and without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, conditions, guarantees, and representations, whether express, implied, statutory, or otherwise, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, completeness, currency, reliability, availability, security, or freedom from error, interruption, or harmful components.

Without limiting the above, we do not warrant that:

  • any content, calculation, estimate, or Output is accurate, complete, current, or suitable for your circumstances;
  • any product, system, configuration, or approach described will perform as described, will be available, will remain compliant, or is appropriate for your site;
  • any rebate, incentive, certificate value, tariff, or scheme referenced is current, will remain available, or will apply to you;
  • any provider listed in the Installer Directory is licensed, accredited, insured, competent, solvent, or suitable;
  • the Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

No advice or information, whether oral or written, obtained from us or through the Services, creates any warranty not expressly stated in these Terms.

10.2 Exclusion of certain losses

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, savings, business, opportunity, goodwill, data, or anticipated benefit, however caused and on any theory of liability, even if we have been advised of the possibility of such loss.

To the maximum extent permitted by law, we will not be liable for any loss, damage, injury, or claim arising out of or in connection with:

  • any decision you make, or refrain from making, based on the Services;
  • any electrical, photovoltaic, or battery work, or any failure, fire, damage, injury, or death arising from such work or from any system;
  • any act, omission, work, advice, quotation, contract, warranty, or insolvency of any installer, retailer, designer, contractor, manufacturer, or other third party, including any found through the Installer Directory;
  • any inaccuracy in any Output or in any information you provided to us;
  • any change in law, standards, network requirements, rebates, incentives, or tariffs;
  • any unavailability, interruption, or loss of data in the Services.

10.3 Cap on liability

To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or relating to these Terms or the Services, whether in contract, tort (including negligence), statute, or otherwise, will not exceed the greater of:

(a) the total amount you paid us for the Services in the six months immediately before the event giving rise to the claim; and (b) one hundred United States dollars (USD $100), or the equivalent of that amount in your local currency converted at a publicly available exchange rate as at the date the claim arises.

10.4 Basis of the bargain

You acknowledge that the disclaimers and limitations in this Section 10 reflect a reasonable allocation of risk, that our fees are set on the basis of them, and that they form an essential basis of the agreement between us. They apply even if a limited remedy fails of its essential purpose.

10.5 Indemnity

You will indemnify, defend, and hold harmless DCI Industries LLC, its affiliates, and their respective officers, members, employees, and agents from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

(a) your use of the Services; (b) your breach of these Terms or of any law; (c) your Inputs, or any content or listing you submit; (d) your infringement or misappropriation of any third party's rights; (e) any work carried out, procured, or omitted by you or on your behalf; and (f) any dispute between you and any provider, installer, retailer, or other third party.

We may assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, and you will cooperate with us in that defence. You will not settle any matter in a way that imposes any obligation or admission on us without our prior written consent.

11. Country-specific variations

11.1 How this section works

These Terms are written for the United States and are governed by the laws stated in Section 14. This Section 11 sets out variations that apply to users in specific countries.

If you are located in a country covered by a sub-section below, that sub-section applies to you and prevails over any other provision of these Terms to the extent of any inconsistency. It applies only to users in that country and does not vary these Terms for anyone else. All other provisions of these Terms continue to apply, as modified.

Nothing in these Terms operates to exclude, restrict, or modify the application of any consumer protection or other law that cannot lawfully be excluded, restricted, or modified in your jurisdiction.

11.2 Australia

This sub-section applies if you access the Services in Australia.

(a) Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ("ACL"). Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy conferred by the ACL or any other law that cannot lawfully be excluded, restricted, or modified.

For a major failure with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion.

(b) Effect on Section 10. Sections 10.1, 10.2, and 10.3 apply only to the extent permitted by the ACL.

Where the Services are of a kind ordinarily acquired for personal, domestic, or household use or consumption, we do not limit our liability for breach of a consumer guarantee, and the resupply limitation below does not apply to you.

Otherwise — that is, where the Services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, and the ACL permits us to do so — our liability for breach of a guarantee in respect of services is limited, at our option, to resupplying the services or paying the cost of having the services resupplied, and our liability is otherwise limited as set out in Section 10.3 to the extent the ACL permits.

(c) Refund rights. The 14-day refund in Section 7.4 and the usage credit refund in Section 7.7 are contractual rights that are in addition to, and do not limit or replace, your rights under the ACL.

(d) Electrical, safety, and accreditation requirements. In addition to Section 2.2, and without limiting it, you acknowledge that in Australia:

  • electrical work must be carried out by the holder of an appropriate electrical licence, and by a licensed electrical contractor where a contract for electrical work is involved, under the law of your state or territory;
  • installations must comply with the applicable standards, including AS/NZS 3000 (Wiring Rules), AS/NZS 4777 (Grid connection of energy systems via inverters), and AS/NZS 5139 (Electrical installations — Safety of battery systems for use with power conversion equipment), each as in force and as adopted in your jurisdiction, together with any additional requirements of your state or territory;
  • grid-connected systems require the approval of, and connection under the requirements of, the relevant distribution network service provider ("DNSP"), and the applicable requirements differ between DNSPs and between states and territories;
  • eligibility for small-scale technology certificates and for state and territory rebate and incentive schemes generally requires design and installation by a currently accredited designer and installer under the applicable accreditation scheme, and compliance with that scheme's rules;
  • battery installation, siting, and enclosure requirements are safety-critical and are subject to specific standards and to state, territory, and local requirements.

Nothing on the Services constitutes an assessment or confirmation that any system, product, configuration, design, siting arrangement, or installation complies with any of these requirements. Compliance is the responsibility of the licensed and accredited professionals you engage, and of you as the owner or occupier where the law imposes obligations on you. We do not provide, and must not be treated as providing, any certificate of electrical safety, compliance certificate, notice of service work, or equivalent document.

(e) Installer neutrality. For the avoidance of doubt, and consistent with Section 6, we do not recommend, endorse, rank, or refer any Australian installer, retailer, designer, or contractor, and we do not receive any commission, referral fee, or other benefit in connection with your engagement of one. Nothing in the Installer Directory is a representation that a provider holds a current electrical licence or accreditation. Verify licence status with the relevant state or territory regulator and accreditation status with the relevant scheme administrator.

(f) Unsolicited selling. Where the Services discuss unsolicited consumer agreements, door-to-door selling, or telephone selling of solar products, they do so only to explain what the law permits and what rights you have. Such selling has no connection with the Services. We never sell door to door, never cold-call, and never pass your details to anyone who does.

(g) Dispute resolution and governing law. Notwithstanding Section 14:

  • If you acquired the Services as a "consumer" within the meaning of section 3 of the ACL — which, because of the monetary threshold in that section, will include most business users as well as most individuals — then Sections 14.2 (agreement to arbitrate), 14.3 (class action and jury trial waiver), 14.7 (Tennessee law and Hamilton County jurisdiction), and 14.8 (one-year time limit) do not apply to you. Instead, these Terms are governed by the laws of New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them, with the limitation periods provided by Australian law applying.
  • If you are not an ACL consumer, Section 14 continues to apply to you in full, including arbitration seated in Chattanooga, Tennessee, and Tennessee governing law. Paragraphs (a) to (f) and (h) to (j) of this Section 11.2 continue to apply to you to the extent the relevant law applies.
  • In either case, nothing in these Terms limits your right to make a complaint to the Australian Competition and Consumer Commission, to your state or territory consumer protection agency, or to any other regulator, or to pursue any right you have under Australian law that cannot lawfully be excluded.

(h) GST. Prices listed to customers in Australia are the total amount payable. Where GST becomes payable on a supply we make to you, the GST is included in the listed price and is not added to it, and we will issue a valid tax invoice on request. Becoming required to collect GST does not of itself change the price you pay. Terms used in this paragraph have the meanings given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(i) Currency. Prices are listed and charged to you in Australian dollars, and refunds are made in Australian dollars to the original payment method. The amount we charge is the amount shown at checkout. As Section 7.8 explains, we calculate our base prices in US dollars and convert them to set the listed Australian dollar price; that conversion happens before a price is listed, and is not applied to your payment.

We are a United States company. Some Australian financial institutions apply an international transaction fee to a payment made to an overseas merchant even where the payment itself is in Australian dollars. Any such fee is charged by your card issuer or bank, is set by that institution and not by us, is outside our control, and is not refundable by us. Whether it applies is a matter between you and your financial institution.

(j) Privacy. Our handling of personal information about individuals in Australia is subject to the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as described in the Australia section of our Privacy Policy.

12. Term, suspension, and termination

12.1 Term

These Terms apply from when you first access the Services and continue until terminated under this Section 12.

12.2 Termination by you

You may stop using the Services and close your account at any time through your account settings or by contacting support@sg-nexus.com. Cancellation of paid access operates as described in Section 7.2. You may request a refund of unused usage credit under Section 7.7.

12.3 Suspension and termination by us

We may suspend or terminate your access, in whole or in part, immediately and without notice, if we reasonably believe that:

(a) you have breached these Terms, and in particular Section 4; (b) your use creates a legal, safety, or security risk for us, for other users, or for any person; (c) we are required to do so by law or by a regulator; or (d) your account has an unpaid balance or a payment method we cannot charge.

We may also discontinue the Services, or any part of them, on reasonable notice. If we discontinue paid Services for reasons other than your breach, we will refund the unused portion of any platform access fee you have paid on a pro-rata basis, together with your unused usage credit balance.

12.4 Effect of termination

On termination, your right to access the Services ends. We may delete your account and your Materials in accordance with our Privacy Policy and our retention schedule. Export anything you want to keep before you terminate. Termination does not relieve you of amounts due.

Termination does not affect your unused usage credit balance, which remains refundable to you under Section 7.7 however termination came about, including where we terminated your account for breach. Where you owe us an amount that is actually due and payable, we may set that amount off against your usage credit balance before refunding the remainder, and we will tell you the amount and the basis for it. We do not otherwise retain or forfeit pre-paid usage credit.

12.5 Survival

Sections 2, 4, 5.3, 5.6, 5.7, 6.4, 7.5, 7.7 to 7.10, 8, 9, 10, 11, 12.4, 12.5, 13, and 14 survive termination.

13. General terms

13.1 Changes to these Terms

We may revise these Terms. If a change is material, we will give you reasonable notice before it takes effect, by posting the updated Terms with a new effective date and, where we consider it appropriate, by notifying you directly. Changes are not retroactive. If you continue to use the Services after a change takes effect, you accept the updated Terms. If you do not accept them, you must stop using the Services and may cancel under Section 12.2.

13.2 Changes to the Services

We may modify, add to, or remove features of the Services at any time. We will not materially reduce the core functionality of a paid plan during a period you have already paid for without offering you a pro-rata refund of that period.

13.3 Supplemental terms

Some features, offers, and promotions may have supplemental terms, which are incorporated into these Terms for those features. Where supplemental terms conflict with these Terms, the supplemental terms prevail for that feature only.

13.4 Entire agreement

These Terms, together with our Privacy Policy and any supplemental terms, are the entire agreement between you and us about the Services, and replace all prior discussions, representations, and understandings.

13.5 Severability and waiver

If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in force. Our failure to enforce a provision is not a waiver of it.

13.6 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganisation, or sale of assets.

13.7 No third-party beneficiaries

Except as expressly stated, these Terms do not create rights for anyone other than you and us.

13.8 Relationship

Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between you and us.

13.9 Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, fire, flood, war, civil unrest, industrial action, epidemic, government action, network or utility failure, or failure of a supplier or provider.

13.10 Export control and sanctions

You represent that you are not located in, and are not a national or resident of, a country subject to a comprehensive United States embargo, and that you are not on any United States government restricted-party list. You must comply with all applicable export control and sanctions laws.

13.11 Notices

We may give you notice by email to the address on your account, or by posting in the Services. You must give us notice by email to admin@dci-us.com. Notices are effective when sent.

13.12 Language

These Terms are drafted in English. Any translation is provided for convenience only, and the English version prevails.

14. Disputes, arbitration, and governing law

Read this section carefully. Except where Section 11 provides otherwise, it requires you to arbitrate disputes individually and waives your right to a jury trial and to participate in a class action.

14.1 Informal resolution first

Before starting a formal proceeding, you agree to contact us at admin@dci-us.com with a written description of the dispute, the relief you seek, and your contact details, and to attempt in good faith to resolve the matter informally for at least 60 days. This is a condition precedent to commencing arbitration.

14.2 Agreement to arbitrate

Except as stated in Sections 14.5, 14.6, and 11, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including their formation, interpretation, breach, termination, or validity, will be resolved by final and binding individual arbitration, and not in court.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, where the dispute does not qualify as a consumer dispute, its Commercial Arbitration Rules) in force at the time, as modified by these Terms. The AAA's rules and fee schedules are available at adr.org. Where the applicable rules allocate arbitration filing and arbitrator fees between the parties, we will pay our share and any portion of your share that exceeds the cost of filing the same claim in court. If the AAA is unavailable or declines to administer the arbitration, the parties will agree on a substitute administrator or, failing agreement, a court of competent jurisdiction may appoint one.

The seat and location of the arbitration will be Chattanooga, Tennessee, United States, before a single arbitrator.

The arbitrator has exclusive authority to resolve all issues, including the scope, interpretation, and enforceability of this arbitration agreement, except that a court, and not the arbitrator, has exclusive authority to determine the enforceability of the class action waiver in Section 14.3. Judgment on the award may be entered in any court of competent jurisdiction.

The arbitration may be conducted by document submission, telephone, or video conference where the rules permit, and you may elect to have any in-person hearing take place in the county where you live.

14.3 Class action and jury trial waiver

You and we each waive any right to a jury trial, and agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any class or representative proceeding.

14.4 Severability of the waiver

If a court determines that Section 14.3 is unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in the courts identified in Section 14.7, and the remainder of the dispute will proceed in arbitration. If a court determines that the class action waiver is unenforceable in its entirety, the agreement to arbitrate in Section 14.2 is void and the dispute will be resolved in the courts identified in Section 14.7.

14.5 Exceptions

Either party may bring an individual action in small claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property, its confidential information, or the security or integrity of the Services. You agree that a breach of Section 4 may cause irreparable harm for which damages are an inadequate remedy, and that we may seek injunctive relief for such a breach without posting a bond.

14.6 Right to opt out of arbitration

You may opt out of Sections 14.2 and 14.3 by sending written notice to admin@dci-us.com within 30 days of first accepting these Terms, stating your name, the email address on your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms.

14.7 Governing law and forum

These Terms and any dispute arising from them are governed by the laws of the State of Tennessee, United States, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to Section 14.2. For any dispute not subject to arbitration, you and we submit to the exclusive jurisdiction of the state and federal courts located in Hamilton County, Tennessee, and waive any objection to venue there.

You waive any right to assert claims under the laws of any other jurisdiction, except where Section 11 applies to you or where a non-excludable law of your jurisdiction provides otherwise.

14.8 Time limit

To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one year after it arises, or it is permanently barred. This Section 14.8 does not apply to any claim under a law that prescribes a limitation period that cannot lawfully be shortened by agreement, and it does not apply to you at all if Section 11 disapplies it.

15. How to contact us

Platform support, accounts, billing, refunds, and content reports: support@sg-nexus.com

Legal notices, copyright complaints, arbitration opt-out, and company matters: admin@dci-us.com

Postal address: DCI Industries LLC d/b/a SG Nexus, d/b/a SG Nexus Solar 116 Agnes Rd, Knoxville, TN 37919 United States

These Terms should be read together with the SG Nexus Solar Privacy Policy, which explains how we handle personal information.