Terms of use of Solarfox® online management
General Information
SOLARFOX® Online Management is a web-based service for the collection, management and presentation of data from different energy technology devices and systems. The user does not incur any costs; only those costs incurred for data transfer (e.g. by Deutsche Telekom). It is an information service provided by SOLEDOS GmbH (hereinafter: 'SOLARFOX ®') to each registered user ('user') within the framework of the solar-fox.com website and were applicable to other websites/domains (' website'). In this case, data from data communication devices such as Inverters, data loggers or monitoring portals (web servers) of equipped photovoltaic systems (hereinafter referred to as "System") are integrated into the data system of SOLARFOX® Online Administration via a technical data interface. SOLARFOX® online management allows continuous access to these data. Users can match the system operator or operator of the relevant SOLARFOX display as well as a third party acting on the clients’ behalf and/or ordering process, in particular, the photovoltaic system installer or the Solarfox display. To provide this service, SOLARFOX® is entitled to temporarily restrict or terminate the service at any time.
Application
In order to be able to use SOLARFOX® online management, registration is required. By activating or clicking on the corresponding button, you accept the terms of use of SOLARFOX® Online management. These terms and conditions are also available at https://www.solar-fox.de/de/nutzungebdingungen.html. SOLARFOX® is entitled to monitor registered accounts and to evaluate all relevant data statistically. If the user deletes his account, SOLARFOX® reserves the right to continue using the already provided data for statistical evaluations.
Usage
To use SOLARFOX® online management, the user receives one or more passwords as well as one or more user ID during the registration process. For registered displays, the user receives a display code. The user is obliged to treat his access data (usernames, display code, passwords) confidentially and not to pass them on to unauthorized third parties. The registration allows the user to view, graphically display or retrieve data from the Solar Power System, Solarfox display, slideshow and other settings adjustments. In case of access data loss or suspicion of misuse, SOLARFOX® must be informed immediately. If SOLARFOX® is aware of this; necessary countermeasures would be taken particularly in cases of abuse. One of the measures would be blocking the concerned user or excluding them from further use or application. Misuses exist particularly in cases of unauthorized persons, installation parameters, associated components or settings within the SOLARFOX® online management, in such a way that they have a significant negative impact. If you use the service or access it, or allow any other natural or legal person or legal entities to use or access SOLARFOX® web service, you agree to the Terms of Use and conditions, either personally or on behalf of the Customer. When you use or access this service, you agree and warrant that you are a customer or one of the employees, subcontractors or customer’s representatives who is authorized to use the service on behalf of the customer. Insofar as the SOLARFOX® online management is used by third parties, i.e. other than the system operator, they acknowledge their registration and acceptance of their agreement to the term of use that they express prior consent to the respective authorized system operator for registration and adjustments of the corresponding installation in the SOLARFOX® Online management and the retrieval of the data. You are obligated to provide SOLARFOX® with consent from the system operator, and free from all claims to the system operator in connection with the use of SOLARFOX® Online management. SOLARFOX® reserves the right to exclude registered users at any time from SOLARFOX® online management and to refuse further access if and so far as the user cannot provide adequate authorization, from the system operator of his/her registration and terms of use to the corresponding installation in SOLARFOX ® online management. In case of doubt, instructions to SOLARFOX® system operator are those of the third party who in such cases has no claim against SOLARFOX® for further or unimpeded use of the SOLARFOX® Online management. If a user ID is not used for 6 months, SOLARFOX® is entitled to delete it.
You can access the Web service using standard Internet browsers. You agree that we are not responsible for notifying you of any upgrades, fixes, or extensions, or for any technical or another kind of support for any browser, or relating to any endangerment of data that may be obtained through computer networks or telecommunication facilities, including but not limited to the Internet, to be made available. The use of any browser may also be subjected to browser license agreement. You are solely responsible for complying with all terms and conditions of the Licensor in addition to the terms and conditions of these Terms of Use.
You are also responsible for purchasing internet services through an Internet Service Provider (ISP) of your choice, as well as any fees charged by such an ISP and all related fees for communications service providers. You acknowledge that there are certain risks to security, data corruption, transmission errors, and accessibility resulting from the use of open networks, such as the Internet, and you expressly assume these risks (to the extent permitted by law).
You acknowledge that you have requested the service for your own benefit, that you have made your own independent assessment of the suitability of the Internet as a delivery mechanism for access to information and the issuing of instructions, and that you are satisfied with this assessment. We are not responsible for any Internet access services, as well as any risks related to security, data corruption, transmission errors, and accessibility that are related to the use of the Internet.
Restrictions to use
SOLARFOX® online management (web service/website) provided for use has been developed by SOLARFOX® and is subject to copyright protection. All usage and exploitation rights vest solely with SOLARFOX®. The user may only use retrieved information and results of the Internet offer within the scope of the terms and conditions of use listed herein and exploit them for his/her own purposes. SOLARFOX® grants users the right to make the system’s data publicly available on SOLARFOX large-screen displays and to make it available to third parties for use under the terms and conditions of use listed herein. Any further use of the retrieved information and results of the service is only permitted with the express written consent of SOLARFOX®. For security reasons, it is not permitted to link the slideshow of a SOLARFOX display to a web page or to any other form publicly on the Internet. SOLARFOX® Slideshows can only be linked to web pages using a Solarfox® Webpublic. You shall not remove, alter, or conceal any copyright notices, trademarks, service marks, or other proprietary notices in the SOLARFOX® Online management.
User's own content
Users may use SOLARFOX® Online management to set or adjust their own content, so long as the data space provided by SOLARFOX® Online Management is sufficient. Users have no right to claim publication of submitted content, nor for the permanent retention of content in the SOLARFOX® Online management.
SOLARFOX® assumes no responsibility for the content, correctness and form of the information published. In addition, the user undertakes to protect and not violate the rights of third parties, in particular trademarks, copyrights and privacy rights. The setting of content with glorifying violence, pornography, discriminatory, personal honour or other infringing content, which violates the law or morals, is prohibited.
References and links
This website contains correspondingly marked links or references to websites of third parties. Responsibility for these third-party content lies solely with the provider who provides the content. SOLARFOX® merely provides access to the use of this content. SOLARFOX® has no influence whatsoever on the current design, content or authorship of the linked pages. Therefore SOLARFOX® hereby expressly dissociates itself from all contents of all linked pages.
Liability for illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of third-party information is solely the responsibility of the provider of the site to which reference has been made, not the person who merely refers to the respective publication via links.
Disclaimer of liability
SOLARFOX® assumes whatsoever no liability for the topicality, correctness, completeness or quality of the information, documents and yield data provided. SOLARFOX® assumes whatsoever no responsibility for possible errors or omissions in the aforementioned information, etc., to which reference a or which are linked to these. All liability claims against SOLARFOX® relating to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded, provided that there is no demonstrable intentional or grossly negligent fault on the part of SOLARFOX ®. This applies in particular to damages resulting from loss of use, loss of data or loss of earnings. Liability for loss of data shall be limited to the typical recovery effort that would have been incurred in the case of regular and correct preparation of backup copies unless there is a case of intentional or grossly negligent action on the part of SOLARFOX®. It is the sole responsibility of the user to check the contents of the results obtained from the use of the SOLARFOX® Online management and their suitability for the respective intended use.
SOLARFOX® expressly points out that the yield settlement provided in the SOLARFOX® online management serves merely as information to the user and is not intended in particular to form the basis for a settlement. There shall be no claim by the user on the temporal availability of Internet offered to SOLARFOX® online management as well as 100% data availability, no claim to the system data provided in SOLARFOX® Online management. In particular, neither is there is a claim to restoration of data upon deletion of parts of the pages or the entire contents.
In addition, the user has to confirm that he/she is solely responsible for all costs related to the communication service of SOLARFOX® Display System with the online service of Solarfox® (SOLARFOX® Online management). We are not responsible for any errors or problems that may arise from malfunctions or failure of your equipment or any communications services you may have purchased.
Amendments
SOLARFOX® reserves the right to change these terms of use at any time, particularly to take account of the amended legal requirements or to take into account changes in the functioning of SOLARFOX® Online management. Amendments to the terms of use will be announced by SOLARFOX® in time before the entry into force. The will be effective if you do not object within two weeks. SOLARFOX® points out to you through an announcement of the right to an objection and the consequences of its absence.
SOLARFOX® also reserves the right to amend, supplement, delete, or temporarily or permanently terminate the publication of individual pages, parts of pages or the entire offer without prior notice. Users who do not agree with the amended Terms of Use shall immediately cease to use SOLARFOX® Online management.
Privacy
The privacy policy of SOLARFOX® Online management applies to the use of this website or Solarfox online management and its offered services. The provisions contained therein are hereby made the subject of these Terms of Use.
Applicable law, court of jurisdiction
If the user is an entrepreneur, these terms of use are subject to the substantive and formal law of the Federal Republic of Germany. If the user is a consumer, these conditions of use are subject to the substantive and formal law of the Federal Republic of Germany if they do not conflict mandatory legal provisions, in particular, consumer protection regulations.
If the user is a merchant within the meaning of the commercial code, a public-law special fund or a legal entity under public law, the District Court of Gelnhausen or the competent district court shall be the exclusive court for all disputes arising from these Terms of Use.
Severability clause
If parts or individual formulations of these terms of use do not, no longer or not completely correspond to the current legal situation, the remaining parts remain unaffected in their content and validity. The invalid provision shall be construed as an arrangement to be determined by means of the interpretation, which shall come as close as possible to the most economically and actually intended in a legally effective manner.
Privacy statement
SOLARFOX® hereby indicates that it will collect personal data in a machine-readable form in accordance with Section 33 (1) of the Federal Data Protection Act and Section 4 (5) of the German Telephone Service Data Protection Act. Personal data is data that can be used to clearly identify a person or to contact a person. Examples of personal data are e-mail addresses, names or addresses. SOLARFOX® may use your personal data for internal purposes, such as data analysis, research, product improvement or to contact you. All personal data will be treated confidentially by SOLARFOX® and will not be passed on to third parties without your express consent. SOLARFOX® also collects non-personal data - anonymized data in a form that does not allow a direct reference to a particular person. We may collect, use, share and disclose non-personal data for any purpose. For additional information, please refer to the Privacy policy for the Solarfox online management.