Solscribe Terms of Service

1. Eligibility

• You must be at least 18 years old and legally capable of entering into binding contracts.
• You must be a current residential, small commercial, or anchor tenant customer of a participating New Mexico electric utility (PNM, El Paso Electric, Xcel/SPS, or a participating rural electric cooperative) with an account in good standing.
• For low-income (LMI) subscriber categories, you must meet the eligibility requirements set forth in the New Mexico Community Solar Act and verified through documentation or program participation.
• You may not enroll on behalf of another person without written authorization.

2. Description of Services

2.1 Community Solar Subscription

Solscribe operates community solar subscriber management for projects developed under the New Mexico Community Solar Act. Subscribers receive credits on their electric utility bill corresponding to their allocated share of a community solar project's monthly energy production, calculated pursuant to the PRC-approved solar bill credit rate.

2.2 What You Receive

• Monthly kWh bill credits from the community solar project, applied directly by your electric utility to your bill
• Access to the Solscribe subscriber portal, where you can view your monthly allocation, bill credits, invoices, and payment history
• Customer support for enrollment, billing, and subscription management
• Clear, itemized invoicing for the subscription fees you pay to Solscribe

2.3 What Solscribe Is Not

Solscribe does not sell electricity. Your electric utility remains your sole electricity provider. You will continue to receive an electric bill from your utility; community solar credits are applied to that bill.

Enrolling in Solscribe does not change your electric utility, does not require any installation on your property, and does not affect your utility service.

3. Enrollment and Subscription Agreement

• Your Solscribe subscription is governed by (i) these Terms, (ii) the Privacy Policy, and (iii) your individual Subscription Agreement signed during enrollment, which sets out your specific kWh allocation, subscription rate, and other project-specific terms.
• If there is any conflict between these Terms and your Subscription Agreement, the Subscription Agreement controls for the specific subject matter addressed there.
• Enrollment is subject to capacity availability on the specific community solar project. We may place you on a waitlist if capacity is not immediately available.

4. Billing, Payments, and Cancellation

4.1 Subscription Fee

You agree to pay Solscribe the monthly subscription fee set out in your Subscription Agreement, calculated as a per-kilowatt-hour rate applied to your allocated kWh for that month.

4.2 Payment Methods

• Residential subscribers: Stripe Subscriptions (credit card or ACH via Plaid). Payments are processed on a recurring monthly basis.
• Anchor tenant/commercial subscribers: Stripe Invoicing, Net 30 terms, ACH preferred.
• You authorize Solscribe to charge your selected payment method for all subscription fees due.

4.3 Credit Card Surcharge

Where permitted by New Mexico law, Solscribe may apply a credit card surcharge to offset processing fees. The surcharge will be clearly disclosed at enrollment and on your invoice. ACH payments and invoiced payments are not subject to a surcharge.

4.4 Late Payments and Delinquency

• Payments not received within five (5) days of the due date are considered past due.
• Past-due accounts may be assessed a late fee as permitted by applicable law and disclosed on your invoice.
• Accounts more than thirty (30) days past due may be subject to suspension or cancellation, and may be reported to collections.
• Continued non-payment may result in loss of your kWh allocation and removal from the community solar project.

4.5 Cancellation by You

You may cancel your subscription at any time by written notice through the subscriber portal or by emailing support@solscribe.com. Cancellation is effective on the later of (i) the date requested, or (ii) the next utility billing cycle, subject to the notice periods required by PRC Rule 17.9.573. You remain responsible for subscription fees accrued before the effective cancellation date.

4.6 Cancellation by Solscribe

We may suspend or cancel your subscription for non-payment, violation of these Terms, loss of utility service, provision of false information, or as required by law or PRC order. Where feasible and not otherwise required, we will provide reasonable advance notice.

5. SMS Communications (TCPA)

By providing your mobile phone number, you expressly consent to receive transactional SMS messages from Solscribe about your subscription (enrollment confirmations, billing reminders, credit notifications, service alerts). Marketing SMS messages require a separate opt-in. Consent is not a condition of receiving Services.

You may opt out of SMS messages at any time by replying STOP. Message and data rates may apply. See our Privacy Policy for full SMS consent terms.

6. Account Security

• You are responsible for safeguarding your account credentials (username and password).
• You agree to notify us immediately of any unauthorized access or use of your account.
• Solscribe is not liable for any loss arising from unauthorized use of your account caused by your failure to protect your credentials.

7. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation
• Attempt to gain unauthorized access to the Services, other accounts, or Solscribe systems
• Interfere with or disrupt the Services or underlying infrastructure
• Scrape, harvest, or otherwise extract data from the Services without written permission
• Impersonate another person or provide false information during enrollment
• Use the Services to send unsolicited commercial messages or malicious content

8. Intellectual Property

The Solscribe name, logo, Zia mark, the phrase "Powering What Matters," the Solscribe subscriber platform, and all associated content, software, and design are the intellectual property of Zia CS Services, LLC. The SOLSCRIBE word mark is the subject of a pending or registered trademark. All rights are reserved.

You receive a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own subscriber purposes. No other rights are granted.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Solscribe does not warrant that bill credits will result in any specific level of savings. Savings depend on your utility rate class, consumption, the PRC-approved bill credit rate, the performance of the community solar project, and other factors outside Solscribe's control.

Solscribe does not warrant that the Services will be uninterrupted, error-free, or fully secure.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• SOLSCRIBE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• SOLSCRIBE'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (a) THE TOTAL SUBSCRIPTION FEES YOU PAID TO SOLSCRIBE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (b) ONE HUNDRED DOLLARS ($100)
• NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT

11. Indemnification

You agree to indemnify, defend, and hold harmless Zia CS Services, LLC, Affordable Solar Group, LLC, and their respective officers, directors, employees, and agents from any claim, loss, damage, or expense (including reasonable attorneys' fees) arising out of (i) your use of the Services, (ii) your violation of these Terms, (iii) your violation of applicable law, or (iv) your infringement of any third-party right.

12. Termination

These Terms remain in effect for so long as you use the Services. We may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice, to the extent permitted by law.

Upon termination, Sections 8 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law and Venue), 14 (Dispute Resolution), and any other provisions that by their nature should survive, will survive.

13. Governing Law and Venue

These Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws provisions. The exclusive venue for any action arising out of or relating to these Terms or the Services is the state or federal courts located in Bernalillo County, New Mexico, and you consent to personal jurisdiction there.

14. Dispute Resolution

Before filing any formal action, you agree to first contact Solscribe at legal@solscribe.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

If informal resolution fails, disputes may be pursued in the courts of Bernalillo County, New Mexico. Nothing in these Terms prevents either party from seeking injunctive relief to protect intellectual property or confidential information.

15. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide notice by email, by SMS (to subscribers who have opted in), or by prominent notice on our websites. The updated Terms will take effect on the 'Effective Date' stated at the top of the updated document.

Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms. If you do not agree, you may cancel your subscription in accordance with Section 4.5.

16. Miscellaneous

• Entire Agreement: these Terms, the Privacy Policy, and your Subscription Agreement are the entire agreement between you and Solscribe regarding the Services, and supersede any prior agreements.
• Severability: if any provision is found unenforceable, the remaining provisions remain in full effect.
• No Waiver: our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment: you may not assign these Terms without our written consent. We may assign these Terms to an affiliate or successor in connection with a corporate reorganization, merger, or sale of assets.
• Force Majeure: neither party is liable for delay or failure caused by events beyond its reasonable control (including utility outages, regulatory changes, natural disasters, or internet/cloud provider outages).
• Notices to Solscribe: Zia CS Services, LLC, Attn: Legal, 4401 McLeod Rd NE, Suite A, Albuquerque, NM 87109 / legal@solscribe.com

17. Contact

Questions about these Terms should be directed to: