SUNWISE SOFTWARE INC
TERMS AND CONDITIONS

SUNWISE SOFTWARE INC (SUNWISE), by using our website and services, you agree to be bound by these Terms and Conditions. If you do not agree to them, do not use our website and services.

SUNWISE provides a technology platform through its websites sunwise.io, portal.sunwise.mx, academy.sunwise.mx, portal.sunpay.mx, and sunpal.io, which offer:

• Customer follow-up tools (CRM)
  
• Centralized data on rates of energy suppliers and hours of sunshine per location.
  
• Product catalogs (panels, inverters, structures) with information on power, efficiency and approximate costs
  
• Features for proposing and quoting photovoltaic projects.
  In addition, SUNWISE provides billing, sales, and support services for the LISAenergy brand, which offers integration with its API or direct use through zap.lisaenergy.com to automatically download electricity bills from the Energy Supplier.
  

To use the SUNWISE platform, the user must:

• Be over 18 years of age.
  
• Register by providing personal information (email, cell phone number, address and credit card information).
  
• Use a personal computer or mobile device with internet access.
  

Once registered, users can register customers, assign follow-up tasks, record historical consumption data and hours of sunshine, and generate quotes tailored to each customer's needs.
Users are responsible for:

• The correct use of the platform.
  
• The truthfulness of the information provided.
  
• Obtain prior consent from its customers to access their consumption data from the Energy Supplier's portal.
  
• Maintain the confidentiality of your user and customer data.
  
• Assign final prices to products and set the dollar exchange rate.
  
• Request the removal of products that are not in the catalog directly from the platform.
  

SUNWISE shall not be liable for the inaccuracy of the data provided by the user or third parties, nor for the results of the platform if updates, adjustments or internal modifications are made to the configuration parameters during its use.

The software is for the exclusive and personal use of the user, and the intellectual property rights of the software belong entirely to SUNWISE. The cost reflected on the sunwise.io website includes taxes. Refunds are subject to SUNWISE's discretion and, in the event of approval, a 5% charge will be applied to cover the payment processor's expenses. SUNWISE will not be responsible for errors in the payment process, but is committed to maintaining open communication to resolve any issues. SUNWISE may grant credits or discounts to encourage the use of the service.
The User agrees to maintain proper usage, and SUNWISE will cancel the User's registration in case of:

• Unfair practices that generate undue credits.
  
• Seeking undue profit by any means or strategy.
  
• Fraudulent practices; in which case, SUNWISE will inform the corresponding legal authorities for follow-up.
  

Update of conditions after expiration of contracted plans
In the event that a contracted plan expires and the corresponding payment is not received within 28 calendar days after the expiration date, the user accepts that, at the time of renewing or contracting a new plan, the conditions and rates in effect at that time will be applied. Previously agreed terms and conditions will not be honored or reactivated. This measure ensures that all users are subject to SUNWISE's current policies and prices.

SUNWISE offers a Satisfaction Guarantee applicable only to plans purchased on an annual payment basis (annual fees). This guarantee allows users to request cancellation of their subscription and a refund within the first 30 (thirty) calendar days from the date of activation of the annual plan.
Satisfaction Guarantee Conditions:

• Applies exclusively to annual subscriptions. Does not apply to monthly, quarterly, semi-annual, or any other payment plans.
  
• The cancellation and refund request must be made within the first 30 calendar days from the plan activation date. Requests made after this period will not be eligible.
  
• The refund will be subject to a 5% charge to cover the payment processor's fees.
  
• To exercise this warranty, the user must contact the SUNWISE support team through the official channels indicated at sunwise.io.
  
• SUNWISE reserves the right to verify that the use of the platform during the warranty period has been legitimate and in accordance with these Terms and Conditions.
  

SUNWISE is a software-as-a-service (SaaS) provider. However, for users who require additional engineering and design services for the creation of custom proposals, SUNWISE offers this service under the following conditions and rates.
Licensing requirements for proposals with storage:
Torequest the engineering and design service for proposals that include battery storage systems, users must have an active Sunwise Sales Scale plan. Users with lower-level plans will not be able to access this service for projects involving batteries.

Table 1: Photovoltaic (solar) proposals

Table 2: Battery Storage Proposals

Combined projects (Solar + Storage): For projects that include both photovoltaic generation and battery storage systems, the total cost of the engineering and design service will be the sum of both tables, applying the range corresponding to each technology independently. To size storage systems, a plan with the SAE ( energy backup system) module active is required. This service is independent of the software subscription and is charged for each proposal requested. Prices are expressed in US dollars (USD) and do not include applicable taxes. SUNWISE reserves the right to update these rates, notifying users in advance through official channels.

In the event that an account is canceled, suspended due to non-payment, or remains inactive, SUNWISE will retain a backup of the user's information and data for a maximum period of 6 (six) months from the date of cancellation, suspension, or last recorded activity, as applicable.
Conditions for information backup:

• The backup includes project, client, proposal, and configuration data stored on the platform at the time of cancellation or inactivity.
  
• After 6 months, SUNWISE will proceed with the permanent and irreversible deletion of all information associated with the account.
  
• If the user reactivates their account within the 6-month period, they may recover their information subject to the conditions and rates at the time of reactivation.
  
• SUNWISE will not be liable for any loss of information after the 6-month backup period has expired.
  
• Users are advised to back up their own information before canceling or allowing their account to become inactive.
  

SUNWISE shall not be liable for damages or losses caused by system, server or Internet failures. The user will not be able to impute any responsibility to SUNWISE or demand payment for loss of profits, by virtue of damages resulting from technical difficulties or failures in the systems or on the Internet. It does not guarantee uninterrupted access and use of the system and shall not be liable for errors or omissions in the website and mobile application. In such cases, SUNWISE will endeavor to restore the system as quickly as possible, but SUNWISE shall not be held liable for any such errors or omissions. SUNWISE shall also not be liable for the installation service provided by its users to third parties.

The contract between SUNWISE and the user will depend on the paid subscription period.
The user may cancel their account and terminate the contract at any time through the process described at sunwise.io.
SUNWISE may terminate the contract if the user violates the terms and conditions or if it is deemed that they are misusing the service.

The contents of the website and the programs, databases, networks, files and other tools are the property of SUNWISE and are protected by laws and international treaties on copyright, trademarks, patents, models and industrial designs. The improper use and the total or partial reproduction of such contents are prohibited without the express written authorization of SUNWISE. The user is granted a limited and non-transferable license to access the platform exclusively for personal or business use.

To use the services offered by SUNWISE, including LISAenergy services, users must provide certain personal data and data about their customers. This information is processed and stored on servers with high security standards.
SUNWISE will use the data entered into its system solely for the provision of the services offered, to provide technical support and customer service, to facilitate integrations with APIs, and for any other service detailed in these Terms and Conditions.
Users of LISAenergy services are responsible for the accuracy and legality of the data entered, including their customers' identification data. Neither SUNWISE nor LISAenergy will misuse this information.
SUNWISE implements appropriate technical and organizational security measures to protect data from unauthorized access, loss, misuse, disclosure, and alteration. This information will not be sold, rented, or shared with third parties. For more information on how we protect and manage personal data, please see our Privacy Notice available on the website sunwise.io/privacy.
Users are solely responsible for the proper handling and use of the data they enter on the platform.
Any unauthorized use of information that violates these Terms and Conditions may result in the cancellation of the user's account and possible legal action.

Any use of devices, software or other means to interfere with SUNWISE's operations, services, accounts or databases is prohibited. Any intrusion, attempt or activity in violation or contrary to the laws on intellectual property rights and/or the prohibitions stipulated in these Terms and Conditions, will be sanctioned before the corresponding legal instances and the infringer will be responsible for compensating the damages caused.

SUNWISE may amend the Terms and Conditions at any time by posting the amended terms on the sunwise.io website. All amended terms will become effective 3 (three) days after their publication. Within 2 (two) days after the publication of the changes, the user must communicate via e-mail if he does not accept the changes, in which case the contractual relationship will be dissolved and he will be disqualified as a user as long as he has no outstanding debts. Once this period has expired, the user will be considered to have accepted the new terms and the contract will continue to bind both parties.

SUNWISE and the user agree that notices generated under these terms and conditions will be made via email to the account provided by the user and to the one published by SUNWISE.