1. GENERAL

1.1. Subject of the Agreement

1.1.1. The Solar Planner is a software product owned by AI-nergy ApS, with registered seat in Denmark, 2200 Copenhagen, Rådmandsgade 40C, 06. 150, VAT ID: DK43071432 ) the “AI-nergy”) for subscription-based use of physical, commercial and enterprise users intended to assist in planning and designing the rooftop solar and battery plants. 

1.1.2. The subject of the User Agreement is regulating rights and obligations of the Parties under this User Agreement related to acquisition of license to use Solar Planner with the following permissions: 

Permissions 

Using, storing, displaying, and maintaining the Solar Planner for the purpose defined by the subscription package. Permanent or temporary duplication of Solar Planner, in whole or in part, but only when such duplication is necessary for loading, displaying, executing, transferring, and storing the Solar Planner in accordance with this Agreement, i.e. as a backup copy. 

Commitment period

a) 1 year / 1 month, as chosen during registration.

b) Automatic renewal.

Excluded

Transferring the License to any other person, in whole or in part. Sub-licensing or otherwise giving access or right to use the Solar Planner to any third party.

License Fee

Depending on the subscription package.

1.1.3. An integral part of this User agreement is:

(i) Registration confirmation generated based on on-line registration, delivered to registered e-mail of the user

(ii) Privacy policy.

1.1.4. Registration confirmation shall include the following data:

Subscription Package 

Duration

Subscription package start date (Purchase date)
Address to send invoice (E-mail Address)
invoice address
Payment method
Subscription Package Fee

1.1.5. User Agreement may be amended from time to time entering into force for the respective user as of the following commitment period.

2. SUBSCRIPTION

2.1.Subscription package types

2.1.1. There are three types of subscription packages:

(i) Households - intended exclusively forhousehold rooftop solar, i.e. exclusive of use for commercial or residential size rooftop solars. ).

(ii) Commercial – for personal and commercial use for all types of projects, with the maximum rooftop size of 5000 square meters.

(iii) Enterprise – for larger commercial customers who seek many licenses or non-typical use such as integration to their products, consulting as a part of the product setup and similar. 

2.1.2. More details on included services may be found on the website: www.solarplanner.eu/pricing

2.2. Registration

2.2.1. Upon the approval of this User Agreement by the user in the electronic environment and the realization of the payment, the user can start using the services offered on the Solar Planner. If, for any reason, the collection cannot be made from the registered payment instrument, the sale of the subscription package cannot be completed and the performance of the service cannot be started or continued.

2.2.2. During registration, you will select a username and password that will be used to access your user account. You are responsible for maintaining the confidentiality of your password. You will immediately notify AI-nergy of any suspected unauthorized use of your user account.

2.3. Renewal, Cancellation and Termination of Subscription / Contract

2.3.1. The parties agree that this contract is renewed with the monthly/yearly renewal of the subscription package. The monthly subscription package purchased is renewed after 1 month (same day of the next month) from the date of purchase and this contract is extended for 1 more month. Similarly, the annual subscription package purchased is renewed and extended for 1 more year after one year (same day of the following year) from the date of purchase. The fee is charged before the subscription package is renewed, and the subscription is renewed upon the completion of the collection.

2.3.2. The user who does not want to extend / renew his monthly or annual subscription can request cancellation of the subscription and therefore the contract by contacting the support at renewals@solarplanner.eu at least 24 hours before the subscription renewal date.

2.3.3. Subscription cancellation requests can be made at least 1 day (24 hours) before the subscription renewal date for both monthly and annual subscriptions.

2.3.4. Whether it is a monthly subscription or an annual subscription, cancellation requests are processed immediately, the refund is not possible, but the subscriber can benefit from the subscription package until the expiry of the last paid commitment period (1 month/ 1 year ).

2.3.5. AI-nergy may delete the user’s account and unilaterally terminate this User Agreement in case of any violation of the User Agreement. It may terminate the use of subscription packages. If the account is deleted by AI-nergy for the reason stipulated in this article, even if the subscription period has not expired, the subscriber will not be able to benefit from the rights in the current package.

2.4. Method of Purchase and Payment

2.4.1. Subscription packages subject to this agreement are purchased through the web site and collections are made from the bank or credit card whose information is entered on the payment page. Unless a subscription cancellation request is made by the subscriber before the renewal, collection will be made automatically from the bank or credit card (every month / every year) whose information is available in the system.

2.4.2. If no collection is made from the bank or credit card registered in the system during the contract renewal period, or if the bank or credit card information is deleted from the system, the contract will not be extended / renewed and will automatically expire.

2.5. Right to Change Subscription Fees

2.5.1. The Seller reserves the right to change the prices of the subscription packages offered. The changes made will be effective from the following subscription period, not the relevant subscription period. The AI-nergy informs the user about the price change through various means. This notification must be made before the subscription renewal date.

2.6. Promotions

2.6.1. The Owner may organize promotions enabling the users to benefit from the services on the the Solar Planner at a discount for a certain period of time. The Owner reserves the right to determine the duration, scope and content of the promotional campaigns and to change them or terminate at any time.

3. LIABILITY

3.1. Warranties and Liability

3.1.1. The Solar Planner may be used knowing that (i) no warranties are given that the Solar Planner is free from any bugs or other errors and (ii) no warranties are given in relation to any functionalities of the Solar Planner or how the Solar Planner works or that the Solar Planner is fit for the purpose and (iii) no warranties are given that the Solar Planner meets any security or other industry relevant standards. 

3.1.2. AI-nergy is under no duty to maintain, fix or update the Solar Planner. 

3.1.3. AI-nergy gives exclusively the following warranties to the user in relation to the Solar Planner: 

(i) The Owner has the relevant rights to the Solar Planner and may grant the License to the user or any other party.

(ii) The Solar Planner does not infringe any third-party copyrights or patents (in the EU);

(iii) The Solar Planner is free from any harmful code. 

3.1.4. AI-nergy shall not be liable for any damages that may arise from the use or inability to use the Solar Planner such as temporary or permanent unavailability of the Solar Planner or temporary or permanent unavailability of the data processed by the Solar Planner, compromised data integrity or similar. 

3.1.5. AI-nergy is not liable for truthfulness, accuracy and completeness of any data that the user inserts to the Solar Planner, nor for the proposals that Solar Planner made based on such data.

3.1.6. Any proposals made by Solar Planner are high level custom-made. AI-nergy is not liable for any requirements made by grid operators, solar PV equipment producers and any other third parties. 

3.1.7. The AI-nergy shall not be liable for any incidental, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of turnover, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to use of or inability to use the Solar Planner. Otherwise, total liability of the AI-nergy hereunder shall be limited to the amount of the License Fee. 

3.1.8. The user remains liable to the AI-nergy for any damages resulting from any unauthorised use of the Solar Planner including also from creation of any unauthorised copies of the Solar Planner. In any such case, the AI-nergy will charge additional license fee to the user covering such unauthorised use of the Product from the Effective Date. Such additional license fee will be based on the fees agreed hereby, additionally increased for 50%. 

3.2. Restrictions

3.2.1. The user agrees not to perform and not to allow any third party to perform any of the following:

(i) reverse engineering, disassembly, decomplication or other attempt to access the source code of the Solar Planner or any part thereof;

(ii) modifying or making any derivative of any part of the Solar Planner;

(iii) adaptation or translation of all or any part of the Solar Planner;

(iv) selling, licensing, sublicensing, renting, leasing, lending or transferring the Solar Planner or parts thereof to third parties in any other way;

(v) using the Solar Planner for any purpose which represents a direct or indirect violation of any laws or regulations applicable to the AI-nergy including using the Product for any illegal activities or to do business with any persons on the US or EU sanction list.

4. COMPLAINTS

4.1. Resolution of complaints

4.1.1. AI-nergy receives your complaints and is authorized, for the purpose of resolving them, to request additional data or documentation.

4.1.2. AI-nergy resolves complaints within 30 days unless user is notified within such 30 days that there are circumstances due to which the complaints procedure will be prolonged for up to 30 days.

4.1.3. AI-nergy can, in order to adequately resolve the complaint, engage appropriate external experts. If the complaint turns out to be unfounded, AI-nergy shall be reimbursed for the cost.

5. TERMINATION 

5.1. Breach of the User Agreement

5.1.1. The user accepts, declares and undertakes that breach of the User Agreement gives the right to the AI-nergy to terminate the User Agreement with immediate effect. In such case, the AI-nergy will be under no duty to return any part of the License Fee. 

5.2. Right of withdrawal

5.2.1. User who falls under category “consumer” (natural person acting for purposes which are outside his business, trade or profession) has right of unilateral withdrawal from the User Agreement within 14-days by sending a written notice expressly stating its will to withdraw, delivered to e-mail renewals@solarplanner.eu. The user expressly agrees that he/she will not receive a refund if he/she downloads any content from the Solar Planner within the 14-day period. 

6. MISCELLANEOUS

6.1. Personal data protection

6.1.1. AI-nergy processes user personal data in accordance with the General Data Protection Regulation and other applicable regulations. You can find out more information about the protection of personal data in the Privacy Policy available at https://solarplanner.eu/privacy-policy/ (hereinafter: "Privacy Policy").

6.2. External links

6.2.1. The Solar Planner may provide links to other sites or resources. Since AI-nergy has no control over such sites and resources, you acknowledge and agree that AI-nergy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible for any content, advertising, products or other materials available from such sites or sources. You further acknowledge and agree that AI-nergy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of or reliance on any such content, goods or services available on or through any such site or resource.

6.3. Intellectual Property

6.3.1. All title, ownership and intellectual property rights in the data, information, materials, trademarks, service marks, software, photographs, videos, images and other content (collectively, "Content") available through Solar Planner are owned by AI-nergy or its licensors. Unless otherwise stated, you should assume that all Content available through the AI-nergy Platform is protected by copyright, trademark and other applicable intellectual property law and may not be used except as permitted by these User Agreement. You acknowledge and agree that the Solar Planner contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly approved in writing by AI-nergy, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, in whole or in part.

6.4. Notices

6.4.1. All notices to be sent hereunder shall be in writing (including E-mail) to the addresses set at the beginning of this User Agreement and for user, registered in registration confirmation. Notices shall be effective upon the deemed date of receipt or as evidenced by a valid return receipt or, if such date is not a business day or delivered outside normal business hours (being 9am to 5pm Monday to Friday and excluding public holidays) in the location of receipt, then at 9:00 a.m. on the next business day. The name and/or address to which notice is required may be amended at any time by written notice to the other Party as provided herein.

6.5. Severability and amendments

6.5.1. If any provision of the User Agreement is found to be invalid, illegal or unenforceable, that provision shall be severable from the rest of this User Agreement and the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired.

6.5.2. The Agreement may be modified or amended solely in writing, with signatures of both Parties.

6.6. Governing laws and jurisdiction

6.6.1. The laws of Denmark (excluding conflict of law rules) will govern the User Agreement and any dispute or claim arising out of or in connection with this User Agreement. 

6.6.2. Unless dispute is between AI-nery and consumer as parties where the courts of consumers residence may have jurisdiction, the Parties irrevocably agree to settle any dispute or claim arising out of or in connection with the Agreement before the competent court in Copenhagen, Denmark.