Terms of Service

OVERVIEW

This website is operated by Solheim Technologies. Throughout the site, the terms "we", "us" and "our" refer to Solheim Technologies. Solheim Technologies offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 5.1 YOUR WEBSITE DEFINITION AND TERMS

You understand that "Your Website" refers to the website that Solheim Technologies creates for the client. You understand that we may use pictures and content from Your Website to promote our products and/or services. You understand that you may discontinue service with Solheim Technologies at any time, and request a copy of your website in the form of a downloadable link prior to the transfer.

SECTION 5.2 BILLING AND SUBSCRIPTION TO YOUR WEBSITE

You understand that your website monthly pricing is defined by the options selected during checkout, and there is no refund of monthly services, as it is a digital service that is rendered. Should you wish to cancel your subscription, please call (480) 864-5117 between the hours of 9 AM and 5 PM Arizona Mountain Standard Time Monday through Friday. We have a You'll Love It™ guarantee, and as such any amount billed for monthly service is non-refundable.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website, other websites, or the Internet. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Solheim Technologies, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Solheim Technologies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Arizona, United States of America.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the General Terms of Service should be sent to us at support@solheim.tech.

Terms of Service for Solheim Technologies Membership Plans

Introduction

This Terms of Service Agreement ("Agreement") governs your membership with Solheim Technologies ("the Company," "we," "us," or "our") and outlines the benefits and obligations associated with your membership. By purchasing and utilizing a Solheim Technologies membership, you ("Member," "you," or "your") agree to comply with the terms and conditions set forth herein.

Membership Tiers and Service Hours

Solheim Technologies offers various membership tiers, each with specific service hours and features. The membership tiers are as follows:

• Spark: Entry-level membership with core website features and essential services.
• Pulse: Enhanced membership with additional online presence management features.
• Charge: Comprehensive membership including marketing services and content creation.
• Surge: Advanced membership with custom development and strategic services.
• Flux: Premium membership for enterprise-level solutions and multiple business locations.
• Fusion: Custom enterprise membership for complex business needs.

Service Hours and Rollover Policy

Each membership tier includes a predetermined number of monthly service hours. These hours can be used for various services including but not limited to website development, maintenance, marketing, content creation, and technical support. Unused service hours automatically roll over and accumulate as long as your membership remains active. Accumulated hours are forfeited upon membership cancellation or termination.

Contract Terms

All membership plans require a 12-month commitment. This commitment allows us to provide consistent, high-quality service and better long-term planning for your digital needs. After the initial 12-month period, your membership will continue on a month-to-month basis unless you choose to cancel or renew for another 12-month term.

Plan Changes and Transitions

Members may switch between plans subject to the following conditions:

• Members may freely switch between any membership tier during their 12-month commitment.
• Upgrading to a higher tier can be done at any time.
• Downgrading to a lower tier may be subject to approval and adjustment of service terms.

Service Delivery and Support

Services are delivered through various channels including our client portal, email, and scheduled calls. Response times and priority levels vary by membership tier. Members are responsible for:

• Providing necessary access and information for service delivery
• Maintaining active communication channels
• Reviewing and approving deliverables in a timely manner
• Adhering to project timelines and requirements

Additional Services and Charges

Members requiring services beyond their plan's included hours may:

• Utilize accumulated rollover hours
• Upgrade to a higher tier
• Purchase additional hours at their plan's standard rate

Termination and Cancellation

Membership termination or cancellation is subject to the following terms:

• Members must fulfill their 12-month contract term or pay early termination fees
• Early termination fees are calculated as: (remaining months in contract) × (monthly contract rate)
• All accumulated service hours are forfeited upon cancellation
• Access to premium features and services ends upon termination
• Early termination fees must be paid in full before any source code transfer requests will be considered

Service Limitations

While we strive to provide comprehensive services, certain limitations apply:

• Service availability may vary based on technical requirements and resource allocation
• Complex projects may require additional hours or custom pricing
• Third-party service integrations are subject to their respective terms and conditions
• Service delivery timelines may vary based on project complexity and current workload

Source Code Ownership and Transfer Rights

Source code created by Solheim Technologies as part of your membership services is subject to the following terms:

• Source code transfer eligibility requires completion of the 12-month contract term
• Upon meeting eligibility requirements, members may request a transfer of source code developed specifically for their business
• Source code transfer includes custom development work but excludes proprietary frameworks, tools, or systems developed by Solheim Technologies
• Transfer requests must be submitted in writing and will be fulfilled within 30 days of approval
• Members must be in good standing with all payments current at the time of transfer request
• Post-transfer support and maintenance may require continuation of membership or separate service agreement

Service Level Agreement (SLA)

Solheim Technologies is committed to providing reliable, high-quality services to our members. The following Service Level Agreements (SLAs) define the performance standards and support commitments for each membership tier. These SLAs apply to the management of existing websites under our membership plans (Spark, Pulse, Charge, Surge, Flux, and Fusion) and do not cover initial website design and development, which are offered separately at our hourly rates.

1. Essential Support SLA

Applicable Plans: Spark ($249/month), Pulse ($499/month)
Description: This SLA ensures dependable support for members managing existing websites with basic needs, offering reliable hosting and assistance during standard business hours.

• Support Availability:
  Monday to Friday, 9:00 AM - 5:00 PM Central Standard Time (CST), excluding U.S. federal holidays. Support is provided via email and our ticketing system.
• Initial Response Time:
  Within 24 business hours for all inquiries or issues submitted during support hours.
• Resolution Time:
  • Critical Issues (e.g., website downtime): Resolved within 48 business hours.
  • Non-Critical Issues (e.g., small change requests): Resolved within 5 business days.
• Website Uptime Guarantee:
  99.5% uptime for hosted websites, measured monthly, excluding scheduled maintenance windows announced at least 48 hours in advance.
• Service Hours:
  0.5 hours/month (Spark) or 1 hour/month (Pulse) allocated for additional tasks, scheduled within 7 business days of request submission.
• Maintenance and Backups:
  Daily backups with 30-day retention; monthly performance optimization checks.
• Escalation:
  Issues unresolved within the specified times will be escalated to a senior support agent after 48 business hours.

2. Priority Support SLA

Applicable Plans: Charge ($749/month), Surge ($1,499/month)
Description: This SLA provides enhanced support and higher uptime for members scaling their digital presence, offering faster responses and extended availability.

• Support Availability:
  Monday to Friday, 8:00 AM - 8:00 PM CST, and Saturday, 9:00 AM - 1:00 PM CST, excluding U.S. federal holidays. Support is provided via email, ticketing system, and phone.
• Initial Response Time:
  Within 4 business hours for all inquiries or issues submitted during support hours.
• Resolution Time:
  • Critical Issues (e.g., website downtime, security breaches): Resolved within 24 business hours.
  • Non-Critical Issues (e.g., analytics setup, Google Ads adjustments): Resolved within 3 business days.
• Website Uptime Guarantee:
  99.9% uptime for hosted websites, measured monthly, excluding scheduled maintenance windows announced at least 48 hours in advance.
• Service Hours:
  2 hours/month (Charge) or 8 hours/month (Surge) allocated for tasks such as strategic consulting or Google Ads management, scheduled within 5 business days of request submission.
• Maintenance and Backups:
  Daily backups with 60-day retention; bi-weekly performance optimization and ADA compliance checks.
• Escalation:
  Issues unresolved within the specified times will be escalated to a dedicated account manager within 24 business hours.
• Priority:
  Tickets from Priority Support SLA members receive precedence over Essential Support SLA members.

3. Premium Support SLA

Applicable Plans: Flux ($2,999/month), Fusion ($4,999/month)
Description: This SLA delivers top-tier, proactive support for members with complex, multi-site operations, offering near-instant responses and 24/7 availability.

• Support Availability:
  24 hours a day, 7 days a week, 365 days a year, including holidays. Support is provided via email, ticketing system, phone, and live chat.
• Initial Response Time:
  Within 1 hour for all inquiries or issues, regardless of submission time.
• Resolution Time:
  • Critical Issues (e.g., website downtime, API failures): Resolved within 12 hours.
  • Non-Critical Issues (e.g., content creation, custom development): Resolved within 2 business days.
• Website Uptime Guarantee:
  99.99% uptime for hosted websites, measured monthly, excluding scheduled maintenance windows announced at least 48 hours in advance.
• Service Hours:
  20 hours/month (Flux) or 30 hours/month (Fusion) allocated for advanced tasks (e.g., SEO, video content, custom integrations), scheduled within 3 business days or expedited upon request.
• Maintenance and Backups:
  Daily backups with 90-day retention; weekly proactive performance optimization and security scans.
• Escalation:
  Issues unresolved within the specified times will be immediately escalated to a dedicated support team.
• Proactive Monitoring:
  Real-time alerts for downtime or performance issues, with preemptive action taken by Solheim Technologies staff.
• Priority:
  Tickets from Premium Support SLA members receive the highest priority, with regular check-ins from a dedicated account manager.

General Provisions:

• Uptime Measurement: Uptime is calculated as the percentage of time websites are accessible to end users, excluding scheduled maintenance or issues caused by member-provided content or third-party services outside Solheim Technologies' control.
• Service Credits: If uptime falls below the guaranteed threshold, members may request a credit equal to one day of their monthly membership fee for each 0.1% below the guarantee, up to a maximum of 50% of the monthly fee, credited toward the next billing cycle. Credits are not available for response or resolution time variances unless explicitly requested and approved.
• Force Majeure: Solheim Technologies is not liable for SLA breaches due to events beyond reasonable control, including natural disasters, cyberattacks not attributable to our negligence, or internet outages.
• Updates to SLA: These terms may be updated with 30 days' notice via email or website announcement. Continued use of services after updates constitutes acceptance of the revised SLA.

Contact Us:

For SLA-related inquiries or to report an issue, contact us via our support channels as outlined in your membership plan. We strive to exceed these commitments and ensure your satisfaction with our services.