Terms of Service

1. Acceptance of Terms

By accessing or using the DCarbon website, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you use the website on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf. You must be at least 18 years old to use the website.

2. Relationship to Other Agreements

These Terms govern your access to and use of the DCarbon website, your DCarbon account, and the DCarbon platform. Creating an account does not enroll you or any facility in any DCarbon program.

Enrolling a facility, earning or redeeming points, receiving revenue share payments, providing utility data, and participating as a partner or agent each require additional written agreements between you and DCarbon. DCarbon may condition access to those features on your acceptance of the applicable agreements. Depending on your role, those agreements may include:

• Commercial Solar REC Generation and Revenue Share Agreement
• Residential Solar REC Generation and Points Share Agreement
• Third Party Owner Agreement
• Utility Data Access Agreement
• Information Release Agreement
• DCarbon Program Partner Agreement
• DCarbon Business Development Agent Agreement
• If these Terms conflict with any of those agreements as to the platform, your account, or your enrollment, that agreement controls. Nothing on this website or in these Terms modifies, supersedes, or waives any term of those agreements.

3. Accounts and Registration

To access certain features you may need an account. You agree to provide accurate information, keep it current, and keep your login credentials confidential. You are responsible for all activity under your account, and you agree to notify us promptly of any unauthorized use.

3.1 Creating an account. You may need an account to access certain features. You must be at least eighteen 18 years old to create an account. If you create an account on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf and you refers to both you and that organization.

3.2 Accuracy of your information. You agree to provide accurate, current, and complete information when you register and to keep it current. This includes your legal name, contact information, and, where applicable, the name of the entity that holds title to any facility you enroll.

3.3 Your email address. You must maintain a current and regularly monitored email address in your account. DCarbon delivers notices to that address, and notices delivered there are effective as described in these Terms and in your other DCarbon agreements. You are responsible for updating it if it changes.

3.4 Your credentials. You agree to keep your login credentials confidential and not to share them. You are responsible for all activity under your account, and you agree to notify DCarbon promptly at info@dcarbon.solutions of any unauthorized use.

3.5 Accounts created with a partner's assistance. A DCarbon account may be created only by the person or entity who will hold it. A Program Partner or Business Development Agent may not accept these Terms, create an account, or sign any agreement on your behalf. Where a partner initiates an account for you, the account remains inactive until you complete registration, accept these Terms, and verify your email address.

3.6 Electronic communications and signatures. By registering, you consent to receive agreements, notices, disclosures, and other communications from DCarbon electronically, and you agree that your electronic acceptance and electronic signature have the same legal effect as a handwritten signature. You may withdraw consent to electronic delivery, and may request paper copies of any agreement, by contacting info@dcarbon.solutions. Withdrawing consent may prevent DCarbon from providing some or all platform features

3.7 Information you provide before enrolling a facility. If you provide information or documents to check eligibility or to begin a facility application, DCarbon uses them to assess eligibility and to prepare your enrollment. If you do not complete enrollment, DCarbon retains or deletes that information as described in the Privacy Policy, and you may request deletion at any time.

4. Acceptable Use

You agree not to misuse the website. You will not:

• Use the website for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to the website, other accounts, or our systems
• Interfere with or disrupt the website or its security features
• Scrape, harvest, or collect data from the website without our written permission
• Upload or transmit malware or other harmful code
• Infringe the intellectual property or other rights of DCarbon or any third party

5. Intellectual Property

5.1 DCarbon's rights. The website, the platform, and their content, including text, graphics, logos, interfaces, and software, are owned by DCarbon or its licensors and are protected by intellectual property laws. All rights not expressly granted are reserved.

5.2 Your license. DCarbon grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the website and the platform for their intended purpose and in accordance with these Terms.

5.3 Trademarks. DCarbon and related names, marks, and logos are trademarks of DCarbon Solutions, Inc. You may not use them without DCarbon's prior written permission.

5.4 Feedback. If you send DCarbon suggestions or feedback about the website or platform, DCarbon may use them without restriction or obligation to you. This does not apply to information governed by your other DCarbon agreements.

6. Your Content

If you submit content through the website, you grant DCarbon a non-exclusive, worldwide, royalty-free license to use, host, store, and display that content for the purpose of operating and providing the website and related services. You represent that you have the rights necessary to submit that content.

7. Third-Party Links and Platforms

The website may link to or integrate with third-party sites and platforms, including social media platforms such as Meta, LinkedIn, TikTok, X, and YouTube. We do not control and are not responsible for third-party content, products, or practices. Your use of any third-party service is governed by that third party's own terms and policies.

8. Disclaimers

The website is provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Information on the website is provided for general purposes and is not a guarantee of eligibility, REC or TREC registration or acceptance, earnings, or any specific outcome. Actual program terms and outcomes are governed by your applicable DCarbon agreements and depend on third parties such as utilities and WREGIS.

9. Limitation of Liability

To the maximum extent permitted by law, DCarbon and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the website. To the maximum extent permitted by law, DCarbon's total liability for any claim arising out of or relating to the website will not exceed one hundred dollars ($100). These limitations do not apply to liability that cannot be excluded under applicable law, and do not alter the limitations of liability in your separate DCarbon agreements, which govern the platform and services.

10. Indemnification

You agree to indemnify and hold harmless DCarbon and its affiliates from any claims, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of your use of the website or your violation of these Terms.

11. Suspension and Termination

11.1 Suspension or termination by DCarbon. DCarbon may suspend or terminate your access to the website or the platform if DCarbon reasonably believes you have violated these Terms, or as necessary to protect the website, the platform, or other users.

11.2 Notice and reinstatement. Except where immediate action is necessary, DCarbon will notify you before suspending or terminating your access and will identify the conduct at issue. If the conduct is corrected, DCarbon will restore your access.

11.3 Effect on your other agreements. Termination of your access to the website or the platform does not by itself terminate any DCarbon agreement. Suspension and termination of those relationships, and of any facility enrollment, are governed exclusively by the applicable agreements.

11.4 Your points and payments. Suspension or termination of your access does not affect your right to redeem points you have earned or to receive payments due to you under your other DCarbon agreements. If your access is suspended or terminated while you hold a redeemable balance, DCarbon will provide a means for you to request redemption and payment. Nothing in this Section limits DCarbon's right, under your other DCarbon agreements, to withhold points awarded in error or obtained through fraud, misrepresentation, or abuse of a promotional program.

11.5 While you hold a balance. DCarbon will maintain your account, and your access to it for the purpose of viewing and redeeming points, for as long as you hold a redeemable balance, whether or not you have any facility enrolled. DCarbon may limit other platform features during that period.

11.6 Closing your account. You may close your account at any time by contacting info@dcarbon.solutions. Closing your account does not terminate any facility enrollment or other DCarbon agreement, and any redeemable balance is handled as described in the applicable agreement.

11.7 Survival. Sections 5, 6, 8, 9, 10, 11, and 12 survive termination.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Subject to any dispute-resolution provision in your applicable DCarbon agreement, which controls for matters within its scope, the state and federal courts located in San Diego County, California have exclusive jurisdiction over any dispute arising out of these Terms or your use of the website.

13. Changes to These Terms

We may update these Terms from time to time. Changes are effective when posted to the website, and your continued use of the website after changes are posted constitutes acceptance. We will update the effective date when we make material changes.

14. Contact Us

If you have any questions about these Terms, please contact us.