PLATFORM TERMS OF SERVICE (ToS)

By accessing or using the platform, services, or associated documentation (“Services”), you (“User”) of the subscribing entity (“Company”) agree to these Terms of Service (“Terms” or “ToS”). These Terms, along with any co-executed Master Services Agreement (MSA), associated Statements of Work (SOWs), or Software User Agreement, constitute the complete and binding agreement between you and SolBid, Inc. (“SolBid”) governing your use of the Services. If you are accepting these Terms on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to this ToS; (ii) you have read and understand this ToS; and (iii) you agree to this ToS on behalf of the entity you represent. If you do not have the legal authority to bind your employer or the applicable entity, you may not access or use the Services. Please note that if you register for or access the Services using an email address associated with your employer or another entity, (a) you will be deemed to represent such entity; (b) your acceptance of these Terms will bind your employer or that entity to this ToSt; and (c) all references in this ToS will refer to your employer or that entity.
  1. License to Use the Platform
    1. Trial Use. If the Company is accessing the Platform on a trial basis, SolBid grants a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Platform solely for evaluation purposes. Trial access is subject to these Terms of Service, and SolBid reserves the right to terminate or modify trial access at any time without prior notice. Trial users are not entitled to any support services or data guarantees during the trial period.
    2. Grant of License. SolBid grants the Company a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform solely for the Company’s internal business purposes, subject to the terms and conditions of the MSA, applicable SOW, or SUA. This license includes the right to access and use any manuals, handbooks, guides, or other documentation related to the Platform that SolBid provides to the Company, whether electronically, in hard copy form, or made available online at www.solbid.com (collectively, the “Documentation”). All rights not expressly granted herein are reserved by SolBid.
    3. License Allocation. The specific number of licenses and their authorized use are detailed in the applicable MSA, SOW, or SUA. This ToS governs all license allocations and usage, regardless of whether direct access to the Platform is granted under a separate subscription or through managed services provided by SolBid.
    4. Unauthorized License Use. SolBid reserves the right to monitor and audit the Company’s use of its licenses to ensure compliance with these Terms. Sharing logins, sublicensing, or otherwise granting access to unauthorized users without SolBid’s prior written consent constitutes a breach of these Terms. In such cases, SolBid may charge the Company for unauthorized usage at the standard subscription rate and pursue other remedies available under this Agreement. Persistent unauthorized use may result in the suspension or termination of access to the Platform, without refund or credit for any fees already paid.
    5. Authorized Users. Access to the SolBid Platform is limited to Authorized Users of the Company. Each authorized user must be assigned a unique login credential provided under the Company’s administrator account. The Company is responsible for ensuring that access credentials are not shared, transferred, or otherwise distributed to unauthorized persons. The Company agrees to notify SolBid immediately in the event of any unauthorized access or suspected misuse of login credentials. SolBid reserves the right to suspend or terminate access for any violation of this provision.
    6. User Responsibilities.
      1. Keep login credentials confidential.
      2. Maintain responsibility for any unauthorized access due to failure to maintain security.
      3. Adhere to all applicable laws and the terms outlined in this document.
    7. User Restrictions. Company shall not use the Platform for any purposes beyond the uses stated in this Agreement. Company shall not at any time, directly or indirectly, and shall not permit any user to:
      1. Reverse Engineer. Decompile, disassemble, reverse engineer, or attempt to derive the source code of any software provided by SolBid.
      2. Modification and Derivatives. Modify, adapt, or create derivative works based on SolBid’s software or deliverables without SolBid’s prior written consent.
      3. Unauthorized Distribution. Sublicense, lease, sell, resell, share logins (including with peers), or otherwise provide access to SolBid’s software, services, or output to any third party.
      4. Competitive Use. Access or use SolBid’s software, services, or outputs for competitive purposes, including: (a) reverse engineering any functionality or algorithms, (b) benchmarking SolBid’s services for competitive analysis, (c) developing, offering, or promoting a directly competing product.
      5. Compliance with Data Laws. Use or process any “personal data” in violation of applicable data privacy laws or regulations.
      6. Security Violations. Scan, test, or attempt to bypass the security measures of SolBid’s systems, infrastructure, or services.
      7. Illegal or Unethical Use. Use SolBid’s software or services for any illegal, unauthorized, or unethical purposes.
    8. Reservation of Rights. SolBid reserves all rights not expressly granted to the Company in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Company or any third party any intellectual property rights or other right, title, or interest in, or to, the Platform and all intellectual property associated with the Services and Platform.
    9. Company Responsibilities. Company is responsible and liable for all uses of the Platform and Documentation resulting from access provided by SolBid, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Company is responsible for all acts and omissions of its employees, contractors, or agents, and any act or omission by them that would constitute a breach of this Agreement if taken by Company. Company shall use reasonable efforts to make all users of the Platform aware of this Agreement's provisions and shall cause its users to comply with such provisions. The Company agrees to indemnify and hold harmless SolBid for any damages resulting from the Company’s failure to comply with data privacy obligations or failure to secure login credentials.
    10. Company Control and Responsibility. Company has and will retain sole responsibility for:
      1. its information, data, and other content, in any form or medium, including data that is collected, downloaded, or otherwise received, directly or indirectly, from the Company via the Services, or the Platform, or that incorporates or is derived from the processing of such information, data, or content by or through the Services, including its content and use;
      2. its information technology infrastructure, including computers, software, databases, electronic systems (including database management systems), and networks, whether operated directly by Company or through the use of third-party
      3. its security and use of the Services and the Platform
    11. Service and System Control. Except as otherwise expressly provided in this Agreement, as between the Parties:
      1. SolBid has and will retain sole control over the operation, provision, maintenance, and management of the Services and Platform; and
      2. Company has and will retain sole control over the operation, maintenance, and management of, and all access to and use of, the information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Company or through the use of third-party services, and sole responsibility for all access to and use of the Services and Platform by Company and any person using the Services or Platform under the license granted by this Agreement, including any:
      3. information, instructions, or materials provided by any of them to the Services or Platform;
      4. results obtained from any use of the Services or Platform; and
      5. conclusions, decisions, or actions based on such use.
    12. Support. SolBid provides support for the Platform and Services through a ticket-based system to ensure proper tracking and resolution of inquiries. Support requests must be submitted via the designated SolBid support portal or to the email address specified in the Documentation. SolBid will acknowledge support requests by issuing a ticket number within 48 hours during normal business hours (Monday - Friday, 9:00 AM - 5:00 PM Eastern Time). Tickets will be addressed in the order in which they are received, and resolution times will depend on the nature and complexity of the request. In the event of an emergency impacting critical Platform functionality, SolBid will prioritize the issue and provide updates on resolution status. Additional support options, such as expedited response times or premium support, may be available as part of an upgraded subscription plan or Service Order.
  2. Data Privacy. SolBid is committed to protecting the privacy and security of both Company Data and Client Data. SolBid collects and processes this data solely to provide services, enhance platform functionality, and improve its products. SolBid does not sell or share Company Data or Client Data with third parties for marketing purposes. SolBid implements appropriate technical and organizational measures to ensure the confidentiality, integrity, and availability of data, adhering to SOC 2 Type 2 compliance standards. Employees and contractors with access to data are trained in data privacy and security best practices.To protect data, SolBid employs commercially reasonable measures, including encryption, firewalls, and regular security assessments. However, SolBid disclaims liability for data breaches caused by user actions, unauthorized third-party access, or other external factors beyond its control.
    1. Prohibition on Sensitive Data. The Company agrees not to submit, upload, or use the Platform to process Sensitive Data. SolBid is not responsible for any liabilities resulting from the Company’s submission of Sensitive Data in violation of this clause.
    2. Aggregated Statistics. SolBid may monitor the Company's use of its proprietary software Platforms and collect and compile data related to the Company’s usage in an aggregated and anonymized manner (“Aggregated Statistics”). Aggregated Statistics may include statistical and performance information related to the provision, operation, and functionality of the Platform. All rights, title, and interest in and to Aggregated Statistics, including all related intellectual property rights, belong to and are retained solely by SolBid. The Company acknowledges and agrees that SolBid may:
      1. Compile Aggregated Statistics based on data input into the Platform, provided that such statistics do not include any personally identifiable information or Sensitive Data.
      2. Use Aggregated Statistics to improve Platform functionality, performance, and user experience.
      3. Make Aggregated Statistics publicly available in compliance with applicable law and industry standards.
    3. SolBid Platform Data. All data generated by SolBid’s platform, shall be kept confidential and may not be shared, directly or indirectly, with any third party competitive with SolBid.
    4. Company Data. Any project-specific data, personal information, or scope-specific data uploaded by the Company remains the sole property of the Company. SolBid shall not disclose such data to any third party, including other subscribers, users, or Company competitors, except as required by law or expressly authorized in writing by the Company.
    5. Material Changes Affecting the Security of Company Data. In the event SolBid desires to materially modify the policy, process, method or means by which Company Data is used, disclosed, stored, processed or otherwise transmitted or handled which would diminish the security of Company Data or increase the risk to Company Data, SolBid shall provide as much prior written notice to Company as commercially practicable of any material changes that may materially affect the provision of the Platform.
    6. Data Breach Notification. In the event of a data breach that compromises Company Data, SolBid shall notify the Company within seventy-two (72) hours of discovery. SolBid will provide details of the breach, including the nature of the data compromised, steps taken to mitigate risks, and measures for future prevention. The Company will cooperate with SolBid in disclosing the breach to affected parties or regulatory authorities as required.
    7. Third-Party Integrations. The Company acknowledges that third-party integrations may require non-confidential data sharing. SolBid is not responsible for data breaches or misuse caused by third-party providers.
  3. Platform Modifications SolBid reserves the right to modify the Platform’s features, functionality, or availability without prior notice and shall not be liable for any temporary disruptions or modifications to the Platform.
  4. Platform Availability SolBid will use commercially reasonable efforts to ensure the Platform is available and accessible at all times. However, SolBid does not guarantee uninterrupted access and is not liable for temporary disruptions due to maintenance, updates, technical issues, or events beyond its control, such as Force Majeure. SolBid may schedule planned maintenance and will notify the Company of such events whenever practicable.
  5. Intellectual Property Ownership SolBid retains all rights to the Platform and related intellectual property. All derivative works or custom modifications requested by the Company and created by SolBid shall remain the exclusive property of SolBid unless explicitly stated otherwise in a signed agreement. Users are granted a non-exclusive, revocable license to use the Platform in accordance with these Terms.
    1. Feedback Utilization. Any suggestions, feedback, or recommendations provided by the Company may be used by SolBid to improve its Platform or Services without obligation to the Company. Such feedback will not be considered the Company’s Confidential Information.
  6. Subscription.
    1. Term. The subscription period is annual, defined as twelve (12) consecutive months, commencing on the first day of the month immediately following the Effective Date listed in this SOW. The subscription shall automatically renew for successive one-year periods unless terminated by either Party in accordance with the termination provisions of the MSA. Written notice of termination must be provided at least thirty (30) days before the last day of the current subscription term.
    2. Fee. In exchange for access to the Platform and accompanying Documentation, the Company agrees to pay SolBid the subscription fee in accordance with the Subscription Terms and Payment Terms set forth in this SOW. These fees are governed by the terms of this SOW and the MSA. Failure to comply with the payment terms, including fees associated with approved Change Orders, may result in the suspension or termination of the Company’s access to the Platform, as determined by SolBid at its sole discretion.
    3. Renewal Fee Adjustment. Subscription fees are subject to an annual adjustment upon renewal. Unless otherwise agreed in writing, the renewal fee will increase by three percent (3%) of the prior year’s subscription fee to account for inflation, increased operational costs, and platform enhancements.
    4. Overages. If the Company exceeds the usage limits specified in the applicable Service Order (e.g., project allowances, users, or data storage limits), SolBid reserves the right to charge additional fees as specified in the Service Order or at SolBid’s standard rates.
    5. User Additions. Additional users may be added during the Subscription Term by executing an updated Service Order. Fees for additional users will be prorated based on the remaining Subscription Term.
  7. Trademark Use. The Company acknowledges that SolBid requires incorporating the Company’s name and logo within SolBid’s Platform as a part of the Service. The Company grants SolBid a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Company’s name and logo (collectively, the “Marks”) within SolBid’s Platform. Upon the expiration or earlier termination of this Agreement, SolBid will promptly discontinue use of the Company’s Marks within the Platforms, except as required for archival or compliance purposes. SolBid agrees to make reasonable efforts to adhere to any brand guidelines or instructions provided by the Company regarding the use of its Marks.
  8. Open Access to the Platform. The Company acknowledges that SolBid operates on a non-exclusive basis and does not restrict access to its Platform or Services to any individual or entity, regardless of whether they are a current or potential client of the Company. In the event a client of the Company becomes a direct subscriber to SolBid’s Platform, their access will be governed by SolBid’s standard SaaS agreement, granting the same rights and responsibilities as any other subscriber. SolBid will not share confidential or proprietary information regarding the Company’s projects, pricing, or engagement terms with any other subscriber or client.
  9. Non-Exclusive Solicitation Appointment. SolBid grants the Company a non-exclusive, non-transferable license to solicit clients for its Services, including distributing solar project proposals and other client-facing materials generated by the Platform. These Materials may only be shared with clients for legitimate business purposes. SolBid operates on a non-exclusive basis and reserves the right to enter into agreements with other entities, including those that may engage the same clients or projects. As a neutral platform provider, SolBid does not endorse any specific User. SolBid ensures impartiality among subscribers and maintains its non-exclusive platform model. This arrangement promotes open competition and equal access to the Platform. SolBid is not responsible for disputes arising from multiple entities engaging the same project or client and is held harmless in such cases. The Company indemnifies SolBid from any claims or liabilities resulting from these conflicts.
    1. SolBid Professional Services Sales Commissions. The Company may earn a sales commission for facilitating the sale of SolBid’s Professional Services to a Client under a separate agreement between SolBid and the Client (the “Client Agreement”), provided the Company has added a commission amount or margin to the specific project within SolBid’s Platform that corresponds to the Project ID for the purchased Professional Services. For the purposes of this Agreement, "commission" refers to the monetary amount added by the Company as a margin or markup on the project’s Professional Services fee during proposal creation within the Platform. SolBid is not responsible for determining or verifying the accuracy of the commission or margin added by the Company. SolBid retains sole discretion to accept or reject any Client Agreement. Upon fulfillment of all conditions, SolBid shall pay the specified commission to the Company within forty-five (45) days of receiving full payment from the Client. Commissions will not be payable if the Company is no longer in business on the commission due date. SolBid bears no responsibility for adding or ensuring commissions are added to projects within the Platform. Any claims or disputes regarding omitted commissions shall not be attributed to SolBid, and the Company agrees to indemnify and hold SolBid harmless from such instances. SolBid’s obligation to pay commissions shall survive the termination or expiration of this Agreement for up to eighteen (18) months, provided the commissions became due prior to such termination or expiration, and the Company remains operational and compliant with this Agreement. SolBid’s obligation to pay the commission arises only if the following conditions are met:
      1. The project is sold to the Client with the commission amount specified in the Platform for the specific project identification number at the time of sale.
      2. The Client executes a Client Agreement with SolBid for the project professional services, and SolBid formally accepts the executed Client Agreement.
      3. The Client pays SolBid in full for all of the Professional Services outlined in the Client Agreement, including the commission amount.
      4. The Company remains in material compliance with this Agreement.
  10. Support Communication All SolBid services come standard with support provided through a ticket-based system to ensure proper tracking and resolution of inquiries. Support requests must be submitted via the SolBid-provided support web portal or platform for the service being provided. If the platform is unavailable, active project support requests may be sent to technicalsupport@solbid.com. Requests submitted through any other communication channels, including personal emails, phone calls, or text messages, may not be addressed. SolBid will acknowledge all support requests by issuing a ticket number within a forty-eight (48) hour response time during normal business hours (Monday - Friday, 9:00 AM - 5:00 PM Eastern Standard Time). Tickets will be addressed in the order in which they are received, and the timing for resolution will depend on the nature and complexity of the request. In the event of an emergency, SolBid will prioritize responses. This policy ensures consistent tracking, accountability, and efficient resolution of all support inquiries.Additional Support Communication options are available as an elected Service Item under this SOW.
  11. Forecast Accuracy.
    1. Renewable Energy Systems Energy Production. Energy generation from renewable energy systems, specifically solar energy systems, is inherently dependent on weather conditions. Any energy production forecasts provided by the SolBid Platform are based on industry-standard methodologies and utilize solar resource data from the Department of Energy (DOE)’s National Renewable Energy Laboratory (NREL). These forecasts are derived from long-term, typical-year solar resource data, which represent average solar conditions over multiple years and are subject to change as NREL updates its datasets. It is important to understand that these forecasts are estimates of typical energy production over the long term and do not reflect the actual quantity of electricity the system will generate in any specific month or year. Monthly energy production may vary by as much as ±30% from the long-term average, and annual energy production may vary by up to ±10%.
    2. Financial Projections. All financial forecasts and cost estimates generated by SolBid’s Platform are based on user-provided data, industry-standard methodologies, and publicly available or third-party information. These forecasts are estimates only and do not constitute guarantees of actual performance, costs, revenues, savings, or other financial outcomes. SolBid is not responsible for decisions made based on these forecasts, as actual outcomes may vary due to factors beyond SolBid’s control, including but not limited to market fluctuations, inaccuracies in user data, policy changes, and external economic conditions. The Company assumes full responsibility for verifying the accuracy and completeness of data inputs and for any actions taken in reliance on the Platform's outputs.
  12. Termination of Access.
    1. Suspension or Termination. SolBid may suspend or terminate a user’s access for violations of these Terms or any associated agreement.
    2. Effect of Termination. Upon termination of this Agreement, the Company will no longer have access to the Platform. SolBid will retain Company Data in accordance with applicable data retention laws and regulatory requirements.
  13. Miscellaneous.
    1. No Warranty. The Services, Platform, Documentation, and all related intellectual property are provided "as-is" and without any guarantee of any level of service. To the fullest extent permitted by law, SolBid disclaims all representations, warranties, and conditions, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or arising from course of dealing or usage of trade. SolBid will use commercially reasonable efforts to make the Platform available but does not guarantee uninterrupted access, usability, or availability of the Platform or Services. SolBid is under no obligation to maintain any specific standard of service related to the Platform or its functionality.
    2. Reliance on Data. The design, analysis, and feasibility projections generated by SolBid’s Platform are based on data inputs provided by the Company and publicly available or third-party information. While SolBid employs commercially reasonable efforts to ensure the accuracy and reliability of the Platform’s outputs, these outputs are estimates and do not constitute guarantees of actual performance, costs, or savings. SolBid makes no guarantees regarding the availability, accuracy, or performance of third-party APIs, data sources, or integrations upon which the Platform relies, and any reliance on them is at the Company’s own risk. SolBid assumes no responsibility for inaccuracies, discrepancies, or interruptions caused by external factors beyond its control, including but not limited to market fluctuations, weather conditions, utility rates, user error, or changes in policies or regulations
    3. Material Changes. SolBid reserves the right to make material changes to the Platform, Services, or these Terms of Service. Material changes include but are not limited to modifications that significantly alter the Platform’s functionality, pricing, or data handling practices. For changes that may materially impact the Company’s use of the Platform, SolBid will provide the Company with at least 30 days' prior written notice whenever practicable. In cases where advance notice is not possible, SolBid will notify the Company as soon as reasonably practicable after implementing the change. If the Company does not agree to the material changes, it may terminate its subscription in accordance with the termination provisions of the Master Services Agreement (MSA) or applicable Service Order. Continued use of the Platform after the notice period constitutes acceptance of the changes.
    4. Changes to Terms. SolBid may update these Terms periodically. Users will be notified of changes, and continued use constitutes acceptance.
    5. Entire Agreement. These Terms, together with any Master Services Agreement (MSA), associated Statements of Work (SOWs), or Software User Agreement (SUA), constitute the complete agreement governing the use of the Platform. In the event of a conflict between these Terms and the MSA or SOW, the MSA or SOW shall prevail solely with respect to the specific conflicting provision, and all other Terms shall remain in full force and effect.
    6. Severability. If any provision of these Terms is deemed unenforceable, the remaining provisions remain in effect.
    7. Governing Law. This ToS, including any disputes arising out of or related to it, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Massachusetts, and each party irrevocably consents to the jurisdiction and venue of such courts.
    8. Dispute Resolution. The dispute resolution provisions of these Terms of Service. By accessing or using the Platform, users agree to binding arbitration conducted under the rules of the American Arbitration Association (AAA). Arbitration proceedings shall take place in Massachusetts, and users further consent to the exclusive jurisdiction and venue of the courts in Massachusetts for any actions to enforce the arbitration award or resolve disputes not subject to arbitration. If a Master Service Agreement (MSA) exists between the parties, the dispute resolution provisions outlined in the MSA shall take precedence over this section for any disputes arising under or related to that specific MSA. In all other cases, this clause shall govern. This clause does not preclude either party from seeking injunctive relief in a court of competent jurisdiction for claims related to intellectual property infringement or confidentiality obligations
    9. Indemnity for Data Breach or Misuse. The Company agrees to indemnify and hold harmless SolBid from any claims or liabilities arising from the misuse of data, including unauthorized use of Sensitive Data.
    10. Limitation of Liability. Limitation of Liability To the fullest extent permitted by law, SolBid shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to lost profits, revenue, savings, or data, arising out of or related to the use of the Platform or Services, even if SolBid has been advised of the possibility of such damages. SolBid’s liability for any claims, costs, or damages, including those arising from data breaches, is limited to those caused by SolBid’s gross negligence or willful misconduct. In no event shall SolBid’s total aggregate liability, whether arising in contract, tort (including negligence), or otherwise, exceed the total SaaS-related fees paid by the Company to SolBid in the twelve (12) months immediately preceding the event giving rise to the claim. Any action against SolBid must be brought within one (1) year after the cause of action accrues.
    11. Force Majeure. SolBid shall not be liable or responsible for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, acts of government, labor disputes, utility failures, cyberattacks, downtime of third-party APIs or data sources, or other causes beyond SolBid’s control. In the event of such a Force Majeure event, SolBid shall use commercially reasonable efforts to resume performance as promptly as possible. However, SolBid does not guarantee uninterrupted access to the Platform, particularly where disruptions are caused by third-party service providers, external APIs, or data sources that SolBid relies upon for the functionality of its Services. SolBid will make reasonable efforts to notify the Company of any extended downtime caused by such events and will work to mitigate impacts to the extent feasible.
  14. Definitions.
    1. “Authorized User” Any individual acting on behalf of the Company’s business interests who has been granted access to the Platform by the Company, including employees, contractors, or agents of the Company.
    2. “Client” means any entity or entities that purchase, subscribe to, or otherwise utilize the products or services provided by the Company for their own benefit or consumption.
    3. “Client Data” means any data pertaining to the Company’s clients that is shared with or processed by SolBid as part of the Company’s use of SolBid’s services.
    4. “Company Data” means any data provided or uploaded by the Company to SolBid’s platform in connection with its use of SolBid’s services.
    5. “Confidential Information” means any information or “Data” of the Disclosing Party that is not generally known to the public and at the time of disclosure is identified, or would reasonably be understood by the Receiving Party, to be proprietary or confidential, whether disclosed in oral, written, visual, electronic or other form, and which the Receiving Party (or its subconsultants or agents or other recipients) observes or learns in connection with this Agreement. Confidential Information includes, but is not limited to. (a) business plans, strategies, forecasts, projects and analyses; (b) financial information and fee structures; (c) business processes, methods and models; (d) employee and SolBid information; (e) materials, product and service specifications; (f) manufacturing, purchasing, logistics, sales and marketing information; and (g) the terms and conditions of this Agreement. “Company Confidential Information” includes Personal Information and Data, and SolBid Confidential Information includes the Software (and its source code), Documentation, deliverables as part of the Services, and the terms of this Agreement and each SOW, including pricing.
    6. “Material Change” A significant alteration to the scope, deliverables, or cost of Services in an SOW that exceeds a 20% increase in the originally agreed service cost or fundamentally modifies the nature of deliverables.
    7. “Platform” refers to the suite of software applications, web portals, websites, public-facing web fronts, tools, and associated services provided by SolBid to the Company under this Agreement. The Platform includes, but is not limited to, any user interfaces, administrative portals, analytics tools, and associated documentation that enable the Company to access, manage, and utilize SolBid’s services for renewable energy design, modeling, and analysis.
    8. “Privacy Policy” SolBid’s policy governing the collection, use, and protection of user data, available at (solbid.com/company/privacy-policy).
    9. “Professional Services” refers to professionally delivered services related to the development of renewable energy systems.
    10. “Sensitive Data” Any data that includes personal health information, financial account numbers, social security numbers, or any other data classified as sensitive under applicable data protection laws, including but not limited to HIPAA, GDPR, and PCI DSS.
    11. “Service Order” A legally binding document issued under a Statement of Work that specifies the details of the services or products purchased by the Company. A Service Order includes, but is not limited to, the description of services, quantity or volume of services or licenses, duration of the subscription or service term, applicable fees, payment terms, and any additional conditions specific to the purchase. Each Service Order is governed by and subject to the terms and conditions of this ToS and any applicable Master Services Agreement (``MSA) or Statement of Work (SOW).
    12. “Statement of Work”` or "SOW" refers to a formal document that outlines the scope, deliverables, terms, and conditions specific to the performance of Services under this Agreement. A sample SOW Template is attached as Exhibit B for reference, providing the standard format and required elements for all SOWs issued under this Agreement.
    13. “Subscription Term” The period during which the Company is authorized to use the Platform, as defined in the applicable Service Order or Statement of Work.