UPDATED: April 16, 2024

AZTEC Engineering Group, Inc. (“AZTEC,” “We,” “Us,” and “Our”) operate this website (“Site”) and provide the services of Our PVGRAd software through this Site. We only provide Our PVGRAd services through this Site and We do not provide or sell licenses to the PVGRAd software. By visiting this Site, you (“User,” “You,” and “Your”) agree to these Terms of Service (“TOS”). The Agreement between You and Us is comprised of this TOS and Our Privacy Policy. If there is any discordance between the terms of this TOS and Our Privacy Policy, the most recently updated terms shall apply.

If You don’t agree with these TOS or Our Privacy Policy, please refrain from using Our Site or purchasing any of Our services.

No User may use Our PVGRAd software if User is or affiliated with any entity or located in a country that is included on the United States’ federal list of prohibited entities or states or for any property located in a prohibited state. By using Our PVGRAd software or otherwise purchasing any product or service through this Site, You warrant that You are not included on or located within any state included on the Office of Foreign Assets Control’s (“OFAC’s”) list of Specially Designated Nationals and Blocked Persons or any other such sanctions list.

1. Disclaimer
PVGRAd is Our proprietary patented (US patent 11,301,790) software which creates simulations for large solar power plants. These simulations are not a substitute for an engineering design, but rather can be used to evaluate and compare possible configurations for a large solar power plant with an engineer.

Additionally, We make NO GUARANTEES regarding the outcome of the use of our simulations for any purpose.

2. PVGRAd Simulations for Solar Power Plants
We can run a simulation for a solar power plant for a property as small as 15 acres, but most of the projects We typically provide services for are 500+ acres. Additionally, You will need to upload the following files to Our Site in order for Us to run a simulation for You using PVGRAd:
• CAD file with the topographic survey of the site
• Basic layout for the solar project

Additionally, PVGRAd will prompt You to provide the design parameters, such as the minimum and maximum clearance between modules and ground and the type of structure You want to use to mount the modules on.

Once the simulation is complete, We will add it to Your account, and send You an alert to login and download the files. Depending on which analysis You request, PVGRAd may produce some or all of the following:
• PDF report with the results of the optimization analysis (including results from simulations for varying input parameters, if requested). This report will also include recommendations for further optimization/improvements.
• CAD file with proposed site grading simulation.
• CAD file with the results of the simulation for location and type of supporting piles for the structures.
• Excel file with the list of simulated supporting piles for the structures (coordinates, lengths, steel section type, etc.)
• PDF file with a 3D model of the plant simulation that You can navigate.
• File with the proposed geometry of the solar power plant simulation, that can be used as the input for Your energy yield simulations (using other commercial software).

3. User Conduct
Every User must abide by the following rules of conduct in regards Our Site:
• You must be at least 18 years old to create an account and use PVGRAd.
• You must provide accurate information as required and when communicating with Us.
• You may not share Your username and password with anyone.
• You may not use Our Site to abuse, harass, defame, or defraud anyone.
• You may not use this Site or any of its services to do anything unlawful, misleading, malicious, or discriminatory.
• You may not use Our Site to violate anyone’s intellectual property rights.
• You may not upload viruses or other malicious code through Our Site. You may not do anything that is designed to disable, overburden, or interfere with the normal working of Our Site.
• You may not reverse engineer, decompile, disassemble, derive source code, create a derivative work of, or otherwise repurpose any aspect of Our Site or services; attempt to do so, or assist anyone in doing so except permitted by applicable law notwithstanding this limitation.

We reserve the right to suspend or terminate any User’s access for violating this Agreement.

4. Links
We may provide links to other websites on Our Site. Providing a link, however, is not an endorsement. We shall not be responsible for any material on any site to which We provide a link that We did not create. You assume all risk by following a link. We provide no guarantee that any website We link to will be accurate or available.

5. Termination
You have the right to delete Your account with Us at any time.

We reserve the right to suspend, restrict, or terminate any User’s license or access to Our Site at any time and for any suspected violation of this Agreement, including but not limited to, misusing PVGRAd beyond its intended use. Termination may occur without advance notification. We shall not be liable for any damages for terminating a User.

6. Intellectual Property
We retain Our intellectual property rights, including but not limited to, the copyright rights contained the PVGRAd software and the trademark rights in the name PVGRAd. You may not use Our intellectual property without Our explicit written permission.

When You make a purchase through this Site, You are engaging Us to create simulation(s) for a solar power plant based on the information You provide about the piece of property. We do not assert any ownership interest in any intellectual property in the simulations generated by PVGRAd for any User.

Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject You to civil and/or criminal penalties and termination of this Agreement.

7. Digital Millennium Copyright Act (“DMCA”) Policy
We will comply with any properly submitted DMCA takedown and counter takedown notices We receive under the U.S. Copyright Act (17 U.S.C. § 512). If You believe that Your copyrighted work has been copied and used on or via Our Site or services in a way that constitutes copyright infringement, You must contact Our DMCA Agent at the following address: AZTEC Engineering; Attn: DMCA/Copyright Agent; 501 N 44th Street, Suite 300, Phoenix, Arizona 85008.

8. Indemnification
By using Our Site and PVGRAd, You agree to defend, indemnify, and hold harmless AZTEC, Our affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any activity by You in connection with PVGRAd.

To the extent permitted under applicable laws, User hereby releases AZTEC from any and all claims or liability related to Our Site, products, and services.

9. Warranty Disclaimer
EXCEPT AS OTHERWISE STATED HEREIN, USER EXPRESSLY AGREES THAT USE OF OUR SITE IS AT USER’S SOLE RISK. NEITHER AZTEC, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE OR PVGRAD.

OUR SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

10. Limitation of Liability
IN NO EVENT SHALL BE LIABLE FOR ANY PRODUCT LIABILITY CLAIM OR ANY DIRECT OR INDIRECT COSTS OR EXPENSES RELATED TO ANY CLAIM, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR ECONOMIC DAMAGES, INCLUDING WITHOUT LIMITTION, DAMAGES FOR LOST PROFITS OR REVENUES, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, WHETHER CLAIMED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF AZTEC IS INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES AGREE THAT OUR MAXIMUM FINANCIAL OBLIGATION TO YOU WHETHER IN CONTRACT, TORT, OR OTHER LEGAL THEORY, SHALL NOT, IN THE AGGREGATE, EXCEED THE AMOUNT OF THE SPECIFIC FEE PAID BY YOU TO US FOR THE ORDER GIVING RISE TO THE CLAIM.

ANY CLAIM RELATING TO THIS AGREEMENT MUST BE MADE IN WRITING AND PRESENTED TO AZTEC WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH WE NOTIFIED YOU THAT WE HAD COMPLETED THE SERVICES OR YOU WERE ALLEGEDLY HARMED OR WHEN YOU SHOULD HAVE KNOWN OF THE ALLEGED HARM, WHICHEVER OCCURS FIRST.

11. Payment of Taxes and Withholding
You will pay AZTEC, and you are solely responsible for, any applicable taxes and fees. All payments made by You to Us under this Agreement will be made free and clear of any deduction or withholding taxes and fees, as may be required by applicable law. If any such deduction or withholding taxes and fees (including domestic or cross-border withholding taxes) are required on any payment, You will pay such additional amounts as necessary, such that the net amount received by Us is equal to the amount then due and payable under this Agreement. We will provide You with such tax forms as reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under this Agreement.

12. Modification of this TOS
We reserve the right to change this TOS at any time as We deem necessary or desirable. These changes will most likely be enacted to comply in changes to Our services and/or changes in the law. We will notify Users of changes by posting notice of the change on Our Site and via email if You have an account with Us. Any changes will be effective upon the changes being made to this TOS. Your continued use of Our Site shall be Your acceptance of any changes to this Agreement. All additional terms are hereby incorporated into this TOS by this reference.

The date at the top of the TOS informs You of the date of the most recent change.

13. Dispute Resolution
By using this Site, You agree that any claim, dispute, or controversy You may have against Us arising out of, relating to, or connected in any way with this Agreement, Our Site, or services, shall be resolved exclusively in a court located in Maricopa County, Arizona. Arizona law shall govern all disputes related to this Site. You agree that You shall only pursue a claim on behalf of Yourself only and shall not seek to file a class action lawsuit. By using this Site, You agree to this venue and the personal jurisdiction of this court.

In all claims, disputes, and controversies related to this Agreement or Our Site the non-prevailing party shall be responsible for the prevailing party’s attorneys’ fees in addition to any damages assessed against them.

14. Force Majeure
We shall be excused from performance under this Agreement if We fail or are prevented, forbidden, or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, country, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, illness, weather, riot, strike, war, computer or telecommunications failure, or other circumstance beyond Our direct control.

15. Contact Information
If You need assistance regarding a purchase from Us, or for any other inquiries, please contact Us at support@PVGRAd.com

16. Miscellaneous
This Agreement shall constitute the entire agreement between the User and Us with respect to the subject matter herein. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.

If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. If a provision is found to be invalid, the parties hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.