Terms of Service

Please read these terms and conditions carefully before using our services.

Effective Date: January 1, 2026

Last Updated: January 1, 2026

1. Acceptance of Terms

Welcome to HOMER Energy, LLC. These Terms of Service ("Terms") govern your access to and use of our software products, including HOMER Pro, HOMER Grid, and related modeling and optimization tools, as well as our website, services, and any other products or services offered by HOMER Energy, LLC (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services. Your use of our Services is also subject to our Privacy Policy and any other policies referenced herein.

If you are entering into this agreement on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" will refer to that entity.

2. Description of Service

HOMER Energy, LLC provides industry-leading software for modeling and optimizing hybrid renewable energy systems. Our Services include:

  • Software Products: HOMER Pro, HOMER Grid, and other energy modeling and optimization software tools
  • Technical Support: Expert assistance for software installation, configuration, and usage
  • Training & Consulting: Professional training programs and consulting services for energy system design and analysis
  • Resource Data: Access to solar irradiance, wind speed, and other meteorological data resources
  • Documentation & Knowledge Base: User guides and technical documentation

Our software tools enable engineers, planners, and researchers to design, analyze, and optimize microgrids, distributed generation systems, and hybrid renewable energy systems combining solar, wind, battery storage, generators, and grid connections.

3. Eligibility

3.1 Age Requirements

You must be at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater, to use our Services. By using our Services, you represent and warrant that you meet these age requirements.

3.2 Authorized Use

You may only use our Services for lawful purposes and in accordance with these Terms. You represent and warrant that:

  • You have the legal capacity to enter into these Terms
  • You are not prohibited from using our Services under applicable law
  • You are not located in a country or region subject to U.S. export restrictions or sanctions
  • Your use of our Services complies with all applicable laws and regulations

4. User Responsibilities

As a user of our Services, you are responsible for:

  • Providing accurate and complete information when creating accounts or submitting forms
  • Maintaining the confidentiality and security of your account credentials
  • All activities that occur under your account or with your credentials
  • Ensuring your use of our Services complies with all applicable laws and regulations
  • Obtaining all necessary licenses, permits, and approvals for your energy projects
  • Verifying the accuracy and appropriateness of results obtained from our software for your specific applications
  • Implementing appropriate engineering judgment and professional standards when using our tools

You agree to notify us immediately upon becoming aware of any unauthorized use of your account or any breach of security.

5. Prohibited Uses

You may not use our Services:

  • For any unlawful purpose or in violation of any applicable laws or regulations
  • To infringe upon the intellectual property rights of HOMER Energy or any third party
  • To reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of our software, except as expressly permitted by applicable law
  • To rent, lease, lend, sell, resell, redistribute, or sublicense our software or services
  • To create competing products or services based on our software or proprietary information
  • To transmit viruses, malware, or any other harmful code or content
  • To interfere with, disrupt, or damage our systems, servers, or networks
  • To attempt to gain unauthorized access to any portion of our Services or any systems or networks connected to our Services
  • To collect or harvest information about other users without their consent
  • To impersonate any person or entity or misrepresent your affiliation
  • To engage in any automated or systematic data collection, scraping, or extraction
  • In any manner that could disable, overburden, or impair our servers or networks

6. Intellectual Property

6.1 Ownership

HOMER Energy, LLC and its licensors retain all right, title, and interest in and to our Services, including all software, algorithms, methodologies, data, content, documentation, and any derivatives, improvements, or enhancements thereof. Our Services are protected by intellectual property laws, including copyright, patent, trademark, and trade secret laws.

6.2 Trademarks

"HOMER Energy," "HOMER Pro," "HOMER Grid," the HOMER Energy logo, and other names, logos, and marks associated with our Services are trademarks of HOMER Energy, LLC. You may not use our trademarks without our prior written consent, except as expressly permitted by trademark law.

6.3 Copyright

All content included in or made available through our Services, including text, graphics, images, data, documentation, and software, is the property of HOMER Energy, LLC or its content suppliers and is protected by copyright laws.

6.4 License Grant

Subject to your compliance with these Terms and payment of applicable fees, HOMER Energy grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use our software products solely for your internal business purposes in accordance with the applicable license agreement.

6.5 User Content

You retain ownership of any content you create, upload, or submit through our Services. By submitting content, you grant HOMER Energy a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content solely for the purpose of providing and improving our Services.

7. Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, HOMER ENERGY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY RESULTS, DATA, OR OUTPUT FROM OUR SOFTWARE
  • WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • WARRANTIES REGARDING THE CORRECTION OF ANY DEFECTS OR BUGS IN OUR SOFTWARE

Our software tools are intended to assist in energy system analysis but require professional engineering judgment and expertise. Users are responsible for validating all results and ensuring compliance with applicable standards and regulations.

No advice or information, whether oral or written, obtained from HOMER Energy or through our Services, shall create any warranty not expressly stated in these Terms.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOMER ENERGY, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
  • LOSS OF DATA OR CORRUPTION OF DATA
  • LOSS OF USE OF OUR SERVICES OR RELATED EQUIPMENT
  • PERSONAL INJURY OR PROPERTY DAMAGE
  • COST OF SUBSTITUTE GOODS OR SERVICES
  • CLAIMS BY THIRD PARTIES

REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF HOMER ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability for any claim arising out of or related to these Terms or our Services shall not exceed the amount you paid HOMER Energy in the twelve (12) months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

9. Third-Party Services & Links

Our Services may contain links to third-party websites, services, or resources, or integrate with third-party software or data providers. HOMER Energy does not control, endorse, or assume responsibility for any third-party content, products, or services.

Your use of third-party services is subject to their respective terms and conditions. HOMER Energy shall not be liable for any damages arising from your use of third-party services or content.

Third-party data resources, including meteorological data, may have separate licensing terms and accuracy limitations. You are responsible for understanding and complying with any such terms.

10. Indemnification

You agree to indemnify, defend, and hold harmless HOMER Energy, LLC and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your violation of any third-party rights, including intellectual property rights
  • Any content you submit through our Services
  • Any project designs or recommendations based on results from our software

HOMER Energy reserves the right to assume exclusive defense of any matter subject to indemnification, and you shall cooperate with us in such defense.

11. Termination

11.1 Termination by You

You may terminate your account or stop using our Services at any time. To cancel your account, please contact us at cody.maedgen431@usa.com.

11.2 Termination by HOMER Energy

HOMER Energy may suspend or terminate your access to our Services, without notice, for any reason, including:

  • Violation of these Terms or other applicable policies
  • Conduct that HOMER Energy believes is harmful to other users or our business interests
  • Extended periods of inactivity
  • Non-payment of applicable fees
  • Legal or regulatory requirements

11.3 Effects of Termination

Upon termination:

  • Your right to use our Services will immediately cease
  • We may delete your account and associated data
  • All licenses granted to you will terminate
  • Provisions that by their nature should survive termination shall remain in effect

Termination shall not relieve you of any payment obligations accrued prior to termination.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without regard to its conflict of law provisions.

Any dispute arising from these Terms or our Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Boulder County, Colorado.

13. Dispute Resolution

13.1 Informal Resolution

In the event of any dispute arising from these Terms or our Services, the parties agree to first attempt to resolve the dispute informally through good faith negotiations. Please contact us at cody.maedgen431@usa.com to initiate this process.

13.2 Arbitration

If informal resolution is unsuccessful, any dispute shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Boulder, Colorado, and the decision of the arbitrator shall be final and binding.

13.3 Class Action Waiver

You agree not to bring or participate in any class action, collective action, or representative action against HOMER Energy. Any dispute resolution proceedings shall be conducted on an individual basis only.

14. Changes to Terms

HOMER Energy reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date.

Your continued use of our Services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of our Services.

We encourage you to review these Terms periodically to stay informed of any changes.

15. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us:

HOMER Energy, LLC
1790 30th St, Suite 100
Boulder, CO 80301
United States

Email: cody.maedgen431@usa.com

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated herein, constitute the entire agreement between you and HOMER Energy regarding your use of our Services.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.3 No Waiver

Failure by HOMER Energy to enforce any provision of these Terms shall not be deemed a waiver of such provision or the right to enforce it in the future.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. HOMER Energy may assign these Terms to any successor to our business or assets.

16.5 Force Majeure

HOMER Energy shall not be liable for any delay or failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, strikes, or government actions.

16.6 Export Compliance

You agree to comply with all applicable export control laws and regulations. You may not use our Services if you are located in a country subject to U.S. export restrictions.