General business terms for using Solar-Log™ WEB
The Solar-Log™ WEB "Classic 2nd Edition" web portal (hereafter: "SL WEB") operated by Solare Datensysteme GmbH (herafter: SDS) is used by customers of Solar-Log™ units (hereafter Users) for internet-supported management and monitoring or their PV systems.
A limited liability company
Company head office: Geislingen-Binsdorf | HRB 722895 Stuttgart
Managing Directors: Thomas Preuhs, Jörg Karwath
When registering by clicking on "I agree" you accept the following conditions of use (hereafter: "GBT") of SL WEB. Users can call up, print out, download or store these GBTs at any time, even after the termination of the contract by using the GBT link reached from SL WEB.
1. Registration, approval
1.1 Users must register before using Solar-Log™ WEB services.
1.2 User registration includes giving name, address and contact details (e-mail, telephone) in full, information on the monitored system (system components used, such as modules, inverters, Solar-Log™ serial number) and the (additional) insertion of pictures of the relevant solar plants.
1.3 Users promise that all the data provided during registration is relevant and complete. Users undertake to notify SDS of any changes to their user data.
1.4 Users will be given a password on registration. Users undertake to keep this password confidential. SDS will not pass on passwords to third parties and will not ask users for the password at any time.
1.5 When the registration procedure is complete users will submit an offer to conclude the contract to use SL WEB services. SDS will accept this offer by approving users for SL WEB. The contract between the user and SDS will come into force with this acceptance.
2. Subject matter
2.1 The use of SL-WEB is free or chargeable depending on the type of use.
a) Systems up to ###MAXKWP### kWp are free and hosted by SDS.
b) Systems more than ###MAXKWP### kWp are chargeable in accordance with the current price list. The fee for use must be paid annually via PayPal or credit card and permits the use of SL WEB for 12 months. Upon payment of the annual fee, the user account is extended by an additional twelve months from the last date of validity.
If the size of the system increases during the term a new 12 month contract will be taken out and any previously paid fee will be offset pro rata.
2.2 The system operator can manage its system's performance data and monitor the functionality of the system. In addition, the system operator can grant third parties extensive access to its system profile. Solar-Log™ WEB Classic 2nd Edition is not intended for promotional use as well as an advertising platform for the system operator or installer. SDS does reserve the right to remove plants with advertisement and/or logos.
2.3 SDS only grants access to the system data and/or information provided by the user to other users if this data and/or information does not infringe legal regulations or these GBTs. SDS is entitled to remove illegal content from SL WEB without prior notice. The following, not exhaustive list (content that violates copyright, is pornographic, right-wing extremist, glorifying violence, criminal or illegal) will be irrevocably deleted by SDS without prior notice and the customer excluded without compensation from SDS WEB.
2.4 SDS is entitled to monitor the registered systems and to evaluate corresponding data statistically. This applies equally to approved and unapproved data.
2.5 SDS only offers users a platform to enable them to manage and monitor their systems. SDS provides the technical requirements for this. SDS does not get involved in the content of the system management and monitoring.
2.6 SDS gives no guarantee as to the accuracy, relevance, completeness, quality or usability of the data displayed by SL WEB for the purposes pursued by you, the user and for the constant availability of SL WEB. However, SDS will make every effort to keep SL WEB constantly available if possible. In particular, for technical reasons the unit data that can be called up using SL WEB is not suitable for providing third persons or network operators with proof of effective energy supply. Users themselves are responsible for ensuring the accessibility or availability of the unit data they require regardless of SL WEB.
2.7 SDS will regularly make back up copies of data from SL WEB. However, SDS does not guarantee the reliability of the back up. SDS shall assume no liability for damages caused by lost data in spite of backing up data.
2.8 SL WEB will provide enough disc space as required by a PV system with up to 100 inverters for each installed Solar-Log™, with a maximum of 11 Solar-Logs™ (1x master, 10 x slaves). The disc space provided must only be used for data that is regularly created by the Solar-Log™ and system pictures and content that are created by SL WEB. Using the disc space for anything else is not permitted. SDS reserves the right to delete permanently content that does not comply with the planned use without prior notice and, if necessary, remove access to the disc space by the customer.SDS also reserves the right to compress data from 5 minute data to hourly data after 2 years to reduce disc space requirements. This may happen but will be avoided if possible by SDS.
3. Consumer rights and withdrawal
Should a user register with SDS for a purpose that cannot be attributed to his commercial or independent professional activity, the following conditions shall apply to him as a consumer under the terms of the law (§ 13 Civil Code):
3.1 Right of withdrawal
You may withdraw your contractual declaration within 14 days in writing without giving reasons (e.g. letter, e-mail).
The period begins when the user has been approved for SL WEB by SDS, but no earlier than receipt of this information in writing. The timely sending of the withdrawal is sufficient to safeguard the withdrawal period. The withdrawal must be sent to:
by letter: Solar Data Systems, Inc., 23 Francis J.Clarke Circle, Suite 4A, Bethel, CT 06801
by e-mail: email@example.com
3.2 Consequences of withdrawal
In the event of an effective withdrawal the services received by both parties under the terms of the legal regulations must be returned. Should the user not be able to return the services received to SDS or partially not be able to or only in a worse condition if necessary he must pay SDS compensation.
End of withdrawal information
4. User's obligations
4.1 The user undertakes
a) only to give relevant, non misleading information in his user profile,
b) only to upload photos to SL WEB that allow the monitored PV system and its installation to be recognised clearly and precisely.
c) to comply with the applicable laws and all third party rights when using the content of SL WEB.
4.2 The user may not perform the following actions and doing so may lead to immediate exclusion from SL WEB:
a) use devices, software or scripts together with using Solar-Log™ WEB.
b) any action that is likely to impair the functionality of the SL WEB infrastructure, particularly to overload it.
c) any action that can be used to tamper with the actual system size.
5. Modifications to Solar-Log™ WEB services
SDS reserves the right to modify the services offered on Solar-Log™ WEB or to offer different services unless this is not reasonable for users.
6. Terminating the contract
6.1 Regular termination
a) Users of the free version (systems up to ###MAXKWP### kWp) of SL WEB may terminate registration and use at any time without giving reasons.
b) The contract for the chargeable version will be extended by 12 months unless it is terminated at the end of the period of use giving one month's notice of termination.
6.2 The account can be cancelled using the cancellation function to be found in the Configuration segment.
6.3 Should a user not pay his new use fee after 12 months have expired his access to SL WEB will be blocked automatically. The user will only be granted access again by paying the use fee. Should this not happen all system data saved by SDS will be permanently deleted after 6 months.
6.4 SDS may cancel the registration and use with immediate effect for important reasons. An important reason applies if it is not reasonable for SDS to continue the contractual relationship taking all the circumstances of the individual case into consideration and weighing up SDS's and the user's interests. Important reasons are in particular but not exhaustively:
a) non-compliance with legal regulations by the user,
b) the user violating his contractual obligations under these GBTs.
c) the reputation of the services offered on the SDS website are significantly impaired by the presence of the user.
7. Responsibility for users' content, data and information
SDS takes no responsibility for the data and/or information supplied by users of SL WEB. SDS in particular does not guarantee that this content is true, meets a specific purpose or can be used for such a purpose.
8. Customer service/support
Customers can send questions and clarifications for their contracts with SDS or for SL WEB services using the contact form that can be found on every page of SL WEB or by fax or by letter.
9. SDS's liability
Limitation of liability
9.1 For slightly negligent obligation violations our liability is limited to foreseeable, direct damages that may typically occur under the contract depending on the type of services. This will also apply to slightly negligent obligation violations by our representatives or agents of vicarious liability. We shall not assume liability for slightly negligent breaches of insignificant contractual obligations.
9.2 The above limitations of liability shall not apply to customers' claims arising from product liability. The following shall also apply: ongoing liability limitations for personal injury, bodily harm or damage to customers' health.
9.3 Claims for damages resulting from defective service on our part shall be time-barred after one year. This shall not apply should we be accused of deceit.
10. Data protection
Our general Data protection guidelines shall apply.
11. Rights to content
SDS will only use the personal data collected from users for web portal purposes, customer information and statistics purposes. Plant profiles may be used by SDS for statistical purposes and for marketing the platform.
12. Final provisions
12.1 Amendments to the contract shall be in writing. There are no collateral agreements.
12.2 The law of the Federal Republic of Germany shall apply with the exclusion of CISG. For consumers the search for justice applies insofar as the protection granted is withdrawn by compulsory regulations in the constitutional state in which the consumer has his normal place of residence.
12.3Should the customer be a businessman, a corporate body under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this Agreement is our business headquarters. We are entitled to sue customers at their business headquarters.
12.4 Should the customer have no general place of jurisdiction in Germany or should the domicile and normal place of residence not be known at the time the proceedings are started our business headquarters shall be the place of jurisdiction for any disputes arising from this contract.
12.5 Should one or more clauses of these terms of business be invalid or unenforceable or should they subsequently become so, the remaining clauses shall be unaffected by this unless by the removal of individual clauses one of the contractual parties is disadvantaged so unreasonably that it could no longer be expected to adhere to the contract.
12.6 SDS reserves the right to modify these GBTs without giving reasons unless this is not reasonable for users. SDS will notify users of changes to the GBTs. Users have the right to oppose the application of new GBTs within two (2) weeks of notification otherwise the modified GBTs will be considered accepted by users. In the notification SDS will inform users of their opposition right and the significance of the opposition deadline.