TrueSouth License Agreement
In short
This box is a plain-language summary; the full terms below are what apply.
- Pay once and keep using the major version you bought (for example 1.x), with its updates.
- One license covers one person or organisation, on one computer at a time. You can move it to another computer when you need to.
- TrueSouth checks your license online about once a week and keeps working offline for up to 30 days.
- Do not share or resell your key, or try to crack, copy or modify the software.
- Your models and reports stay on your computer. You own your reports.
- Reports are feasibility estimates. Check them before you rely on them.
- Our liability is limited to what you paid for the license.
1. Who this agreement is between
This End User License Agreement (the "Agreement") is between South Facing Solutions, a sole proprietorship owned by Akhilkumar Rajendrakumar Pandya ("South Facing", "we", "us") and the person or organisation that buys, installs or uses TrueSouth ("you").
If you accept on behalf of an organisation, you confirm that you are authorised to bind it, and "you" means that organisation.
You accept this Agreement in any of these ways:
- ticking the acceptance box when you buy;
- ticking it when you activate the software;
- installing or using the software.
If you do not agree, do not install or use TrueSouth. If you have not activated your key, you may ask for a refund under our Refund Policy.
2. Definitions
- Software: the TrueSouth extension for SketchUp, including updates, the user guide and other documentation, and the online services it uses to activate and check licenses.
- License Key: the key we issue to you on purchase.
- Computer: one physical or virtual computer on which the Software is activated.
- Major Version: the first number of a version. For example, version 1.4.2 belongs to Major Version 1.
- Report: any report, chart, table, export or on-model marking produced with the Software.
- Licensed Name: the person or organisation name given at purchase, which is shown in the Software and printed on Reports.
3. What you may do
3.1 License. If you pay the applicable fee and comply with this Agreement, we grant you a license to install and use the Major Version you purchased on one Computer at a time, or the number shown on your purchase page. The license is:
- perpetual;
- non-exclusive;
- non-transferable;
- non-sublicensable.
You may use the Software for your own business or professional purposes, including preparing Reports for your own clients.
3.2 Organisation licenses. If the Licensed Name is an organisation, its employees and contractors may use the Software for that organisation's work, within the Computer limit. You are responsible for their compliance with this Agreement.
3.3 Updates. Updates within your Major Version (for example 1.1 or 1.2) are included at no extra charge for as long as we make them available. A new Major Version (for example 2.0) needs a paid upgrade or a new license.
We are not obliged to release updates or to support future SketchUp versions. Our website lists the SketchUp versions and operating systems we support.
3.4 Backup. You may keep copies of the installation file for backup.
3.5 Reserved rights. The Software is licensed, not sold. All rights not expressly granted to you are reserved by us.
4. Activation, license checks and moving computers
4.1 Activation. The Software must be activated with your License Key. Activation registers the following with our license server:
- a Computer identifier (a one-way hash derived from your computer's system ID);
- the computer name and operating system;
- the TrueSouth and SketchUp versions.
Our Privacy Policy explains how we handle this information.
4.2 Online checks. When you run a simulation, the Software confirms your license with our server about once every 7 days. It needs a successful check at least once every 30 days to keep working. Weather data features also need an internet connection.
4.3 Offline activation. For computers without internet access, we can provide offline activation on request. Offline activations are valid for up to 12 months and can then be renewed.
4.4 Moving to another computer. You can release a Computer from within the Software ("Remove from this computer") and then activate another one. Self-service moves are limited to 4 per license in any 12 months. For genuine needs beyond that, such as hardware failure, contact us and we will help.
4.5 No circumvention. You must not do any of the following:
- bypass, disable or interfere with activation or license checks;
- alter your system date to extend use;
- copy license files between computers;
- use any tool designed to do these things.
5. What you must not do
Unless we agree in writing, you must not:
- share, publish, sell or give your License Key to anyone outside the licensed person or organisation;
- sell, resell, rent, lease, lend, sublicense or otherwise transfer the Software or your license;
- reverse engineer, decompile, decrypt, disassemble or try to obtain the source code of the Software, except to the extent that applicable law expressly allows this despite this restriction;
- modify, adapt or translate the Software, or create derivative works of it;
- remove or alter any of the following:
- copyright or other proprietary notices;
- the Licensed Name shown on Reports;
- the TrueSouth attribution;
- the statements in Reports that describe their nature;
- use the Software, its output or knowledge of its internal workings to develop or train a competing product or service;
- let third parties operate the Software through you, for example as a hosted or remote service;
- use the Software in breach of any law.
Preparing Reports for your own clients is permitted and does not breach (g).
6. Your models, Reports and data
6.1 Ownership. You own your SketchUp models and the Reports you create. We claim no rights in them.
6.2 What leaves your computer. The Software processes your models on your own computer; we do not receive your models or Reports. Only two kinds of information are sent out:
- the site coordinates of a project, sent to the weather data services in section 8;
- the license information described in section 4.1, sent to our license server.
6.3 Sharing Reports. Reports show the Licensed Name, the TrueSouth name and a statement that they are feasibility estimates. You may share Reports with your clients and others. You must not remove or alter those elements, or present a Report as a bankable, certified or independently verified energy yield assessment.
7. Nature of the results (important)
7.1 TrueSouth produces estimates intended for early-stage feasibility studies. The results depend on:
- the accuracy of your 3D model and its geo-location;
- the inputs and loss assumptions you choose;
- weather data from third parties.
The results also rely on simplified models of real-world behaviour.
7.2 The Software does not replace detailed engineering design, a site survey, or a bankable energy yield assessment by a qualified professional. You are responsible for checking results, and for any decision you make or advice you give based on them. This includes investment, financing, procurement, design and contractual decisions.
7.3 We do not guarantee any level of energy generation, performance ratio, savings or financial return.
8. Third-party services and software
8.1 Weather data. The Software obtains weather data from third-party services: PVGIS (European Commission, Joint Research Centre) and NASA POWER (NASA Langley Research Center). These services are provided by third parties under their own terms. We do not control their availability, accuracy or changes, and we may change data sources in updates.
8.2 SketchUp and other names. You need your own valid SketchUp license from Trimble. We are not affiliated with Trimble, PVsyst SA, the European Commission or NASA.
8.3 Open-source components. The Software includes open-source components. These are listed in the THIRD_PARTY_NOTICES file included with it and are licensed under their own terms.
8.4 Payments. Payments are processed by Razorpay under its own terms.
9. Intellectual property
The Software, its documentation, and all intellectual property rights in them belong to us or our licensors. "TrueSouth" and "South Facing Solutions" are our trade names.
If you send us suggestions or feedback, we may use them freely, without any obligation to you.
10. Price, refunds and payment reversals
The price is the one shown at checkout. We are not currently registered under GST, so no GST is charged on our prices and our invoices do not carry GST. If we register in future, prices shown at checkout will say whether GST is included.
Refunds are available only as described in our Refund Policy: within 7 days of purchase if the License Key has not been activated, plus the specific cases listed there.
If a payment is refunded, reversed or charged back, the license ends, and the Software stops working at its next online check. We may suspend a license while a chargeback or payment dispute is open.
11. Support
We provide reasonable support by email at support@southfacing.in during Monday to Saturday, 10:00 to 18:00 IST (except public holidays), for the current Major Version. We aim to reply within two business days.
12. Warranty
12.1 Defects. We will provide the Software with reasonable skill and care. Tell us if the Software has a defect that stops it from working materially as described in its documentation, on a supported setup listed on our website at the time of purchase. We will try to fix the defect or provide a workaround.
If we cannot do so within a reasonable time (normally 14 days after you give us the information we need to reproduce the problem), you may ask for a refund under the Refund Policy, even after activation.
12.2 No other warranties. Except as stated in this Agreement, and to the extent permitted by law, the Software is provided "as is" and "as available". We disclaim all implied warranties, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise that the Software will be error-free or uninterrupted, or that it will work with every model, computer or SketchUp version.
12.3 Your legal rights. Nothing in this Agreement limits rights that you have under the Consumer Protection Act, 2019, or any other law, that cannot be excluded by contract.
13. Limitation of liability
13.1 Excluded losses. To the maximum extent permitted by law, we are not liable for any of the following, even if we were told they were possible:
- indirect, incidental, special, consequential or punitive loss;
- loss of profit, revenue, energy generation, business, contracts, goodwill or data;
- loss arising from reliance on Reports.
13.2 Cap. Our total liability arising out of or relating to the Software or this Agreement is limited to the amount you paid for the license concerned.
13.3 Exceptions. These limits do not apply to liability that cannot be limited by law, including liability for fraud.
14. Indemnity
You agree to indemnify us against third-party claims arising from either of the following, except to the extent a claim is caused by our own breach:
- your breach of this Agreement;
- Reports or advice you provide to others, including any claim that a Report was presented as bankable, certified or independently verified.
15. Term and termination
15.1 Term. This Agreement continues until it is terminated.
15.2 Termination for breach. We may suspend or terminate your license by notice if you materially breach this Agreement, for example by sharing your License Key or circumventing license checks. If the breach can be remedied, we will first give you 15 days to remedy it.
15.3 After termination. You must stop using and uninstall the Software. Sections 6, 7, 9 and 12 to 16 continue to apply.
15.4 If we stop selling TrueSouth. Your license for the Major Version you bought continues. We will give licensees at least 90 days' notice by email before shutting down the license server. We will use reasonable efforts to provide, before shutdown, a way for existing licensees to keep using their version without online checks.
16. General
16.1 Law and courts. This Agreement is governed by the laws of India. The courts at Nadiad, Gujarat have exclusive jurisdiction, without affecting any right you have to approach a consumer commission.
16.2 Changes. We may update this Agreement. Changes will not reduce the rights described in section 3 for a license you have already paid for. We will publish other changes on this page and notify licensees by email, and they apply from the date stated in the notice.
16.3 Transfer of this Agreement. You may not transfer this Agreement without our written consent. We may transfer it as part of a sale or reorganisation of our business.
16.4 Export and sanctions. You will comply with applicable export control and sanctions laws.
16.5 Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
16.6 Entire agreement. This Agreement forms the entire agreement about the Software, together with our Terms, Privacy Policy and Refund Policy.
If any part is found unenforceable, the rest remains in effect. Not enforcing a right is not a waiver of it.
16.7 Notices. We send notices to the email address used for your purchase. Please send notices to us at support@southfacing.in.
17. Contact and grievances
South Facing Solutions, a sole proprietorship owned by Akhilkumar Rajendrakumar Pandya
B-37, K Vihar, Near ITI Crossing, Uttarsanda, Nadiad, Gujarat 387370, India
Email: support@southfacing.in · Phone: +91 63550 90650
Grievance Officer: Akhilkumar Rajendrakumar Pandya, Proprietor, support@southfacing.in. We acknowledge complaints within 48 hours and aim to resolve them within one month.
