Terms of Use for LEDVANCE RENEWABLES Energy Management Applications for LEDVANCE Photovoltaic Systems

Released In October 2024

1. Scope of application, Disclaimer regarding App Stores
1. 1.1 These Terms of Use govern exclusively the terms and conditions for the use of the browser-based LEDVANCE web application and the LEDVCANCE mobile app for the energy management of LEDVANCE Photovoltaic Systems. Each application is provided by LEDVANCE GmbH, Parkring 1-5, 85748 Garching (hereinafter "LEDVANCE").
2. 1.2 The LEDVANCE mobile app is an application for mobile devices (hereinafter "LEDVANCE RENEWABLES App") available for download via app stores free of charge.
3. 1.3 The LEDVANCE web application is accessible free of charge at cloud.ledvance.re (hereinafter “LEDVANCE RENEWABLES Portal”).
4. 1.4 The LEDVANCE RENEWABLES App and the LEDVANCE RENEWABLES Portal are hereinafter collectively referred to as the “LEDVANCE RENEWABLES Applications”.
5. 1.4 The operator of a platform for mobile apps (hereinafter "App Store"), such as Google Play or the App Store of Apple Inc., which enable you to download and use the LEDVANCE RENEWABLES App, is not a party to these Terms of Use.
6. 1.4 The provision of the LEDVANCE RENEWABLES App may still be subject to compliance with separate terms and conditions of the respective App Store. The App Store is not responsible or liable for the LEDVANCE RENEWABLES App.

2. Usage Agreement

2.1 You must register to use the LEDVANCE RENEWABLES Applications. Registration takes place in the LEDVANCE RENEWABLES App and / or in the LEDVANCE RENEWABLES Portal, depending on which RENEWABLES Application you wish to use. After your e-mail address has been verified, you can log in with your username and password ("Login Data") via your user account.
2.2 The use of LEDVANCE RENEWABLES Applications requires the acceptance of these Terms of Use. Upon completion of your registration process by clicking the button “Agree and Register” you or the legal person represented by you (if applicable) (hereinafter referred to as "User", "You", "Your") confirm that You have fully read and understood these Terms of Use, and that You accept and agree to be bound by all the provisions of these Terms of Use without limitation, including any changes that may be in effect during and after Your use of the Applications. If You agree to these Terms of Use on behalf of a legal entity, such as the company for which You work, You represent and warrant that You are acting on behalf of and have the authority to make and receive legally binding declarations on behalf of the company.
2.3 You are obliged to handle the Login Data with care. In particular, You are prohibited from disclosing the Login Data to third parties and/or otherwise allowing third parties to access Your user account. If You breach these obligations and Your user account is used by a third party, You will be liable for all activities that occur using Your user account. You are not liable if You are not responsible for the misuse of Your user account. If You lose Your password or if You suspect that a third party has gained access to Your password, You are obliged to immediately notify LEDVANCE and to change Your password.
2.4 You represent and warrant that the information provided by You during the registration process is accurate and complete, including email address, product serial number, etc. You shall assume full responsibility arising from inaccurate and incorrect information.

3. Functionalities; Charges of Third Parties for Data
1. 3.1 Each of the LEDVANCE RENEWABLES Applications provides You with an intuitive and fast way to, e.g.
  1. i. monitor the real-time data of Your Ledvance Photovoltaic System and get the equipment status anytime, anywhere;
  2. ii. view the total data of daily/monthly/yearly and total power generation;
  3. iii. Device failure will be timely informed, including troubleshooting.
2. 3.2 For the proper use of the LEDVANCE RENEWABLES App, it is necessary that the mobile device You use complies with the applicable technical requirements of the LEDVANCE RENEWABLES App, and that a compatible version of the supported operating systems is installed. Some functionalities also require an active Internet data connection. The system requirements are displayed in the respective App store. Please note that the contractual terms of Your mobile service provider may impose fees, limits and/or restrictions that may affect Your use of the LEDVANCE RENEWABLES App. For example, Your mobile service provider may charge data usage fees for Your use of the App, including, without limitation, for downloading the App or otherwise using Your mobile device while using the App. You agree to be solely responsible for all such fees, limitations, and restrictions.
3. 3.3 LEDVANCE makes reasonable efforts to ensure the trouble-free use of the LEDVANCE RENEWABLES Applications and their functionalities. However, technical difficulties may occur, which may lead to a temporary interruption of availability and data loss. YOU CANNOT DERIVE ANY CLAIMS AGAINST LEDVANCE FROM AN INTERRUPTION OF THE APPLICATIONS AVAILABILITY.

4. Right of Use free of charge

4.1 LEDVANCE RENEWABLES Applications (including any bug fixes, patches, enhancements, improvements, updates) are licensed and not sold to You. They are provided to You free of charge.
4.2 Subject to Your full compliance with these Terms of Use and in accordance with applicable law, LEDVANCE grants You a personal, revocable, non-exclusive, non-transferable, limited right to install / use the LEDVANCE RENEWASBLES Applications in accordance with these Terms of Use.
4.3 Except as permitted by mandatory law, You may not copy, edit, revise, modify, decompile, reverse engineer, disassemble or decrypt LEDVANCE RENEWABLES Applications.
4.4 The rights of use are granted to You for the term of this user agreement.

5. Restricted Use, Suspension or Termination of Use

5.1 You must not, and must not permit others to
1. i. use LEDVANCE RENEWABLES Applications to transmit content that contains viruses, so-called Trojan horses or other programs that can damage software,
2. ii. violate any industrial property rights, copyrights, personal, property and other rights of third parties by using LEDVANCE RENEWABLES Applications,
3. iii. violate any policies, laws or regulations to which Your use is subject, by using LEDVANCE RENEWABLES Applications,
4. iv. remove, alter, or obscure any proprietary marks of LEDVANCE or its licensors while using LEDVANCE RENEWABLES Applications,
5. v. remove, disable, or circumvent any copy protection, rights management or security features.
1. 5.2 LEDVANCE is entitled to suspend or terminate Your right of use of the LEDVANCE RENEWABLES Applications without prior notice, if LEDVANCE has reasonable grounds to suspect that You have not complied or will not comply with any of the provisions of these Terms of Use, that You are in violation of any applicable laws, regulations, licenses, or terms of use, or that You are using LEDVANCE RENEWABLES Applications improperly or inappropriately.
2. 5.3 LEDVANCE accepts no liability whatsoever in connection with the suspension or termination of this usage agreement.

6. Updates and Changes to the App

6.1 LEDVANCE is constantly striving to improve LEDVANCE RENEWABLES Applications so that they may be subject to adjustments over time. In particular, LEDVANCE is entitled, at its sole discretion, to:
1. i. develop bug fixes, patches, enhancements, improvements, updates and upgrades to provide new features or improve the performance; and/or
2. ii. suspend or discontinue any part, feature and/or application, introduce new features or limit certain features, or restrict access in whole or in part.
6.2 An update of the LEDVANCE RENEWABLES Applications may require You to update Your mobile device's operating system or use a more current browser. In some cases, the changes LEDVANCE makes to LEDVANCE RENEWABLES Application(s) may cause software configurations (including, without limitation, operating system of the mobile device) or setups to no longer work together with the Application(s), and You may need to update or change such configurations or setups in order to continue using the Application(s). LEDVANCE will notify You of any material changes that would adversely affect You to the extent possible, reasonable and practicable.

7.     Open-Source Software[1] [2]
The App uses open-source components that are subject to additional license terms. The open-source components and the corresponding license terms can be found in the open-source software information and license terms published by LEDVANCE in the App under the heading “About”. Additionally, the open-source components and the corresponding license terms are published here.

8.     Copyrights, Trademarks
LEDVANCE RENEWABLES Applications and content displayed in or by use of the Applications, including editorial content, information texts, photographs, illustrations, artistic designs and other graphic materials, names, trademarks, and logos, are the property of LEDVANCE or third-party licensors and are protected by copyright and trademark rights and other intellectual property rights. Therefore, LEDVANCE REWABLES Application(s) and their contents may not be changed, copied, reproduced, sold, rented, used, supplemented or utilized in any other way without the prior written consent of the respective owner.

9.     Additional Conditions for the Use of the iOS Version of the App

9.1 The terms and conditions set forth in this clause 9 apply only to the iOS version of the LEDVANCE RENEWABLES App that You obtained from the Apple App Store. These terms are Apple-mandated minimum requirements for terms of use for apps created by the App developer.
9.2 LEDVANCE is solely responsible for the LEDVANCE RENEWABLES App. The store operator is not involved in the development and has no influence on the content or design of the LEDVANCE RENEWABLES App. Therefore, the following applies:
Support and maintenance of the LEDVANCE RENEWABLES App are the sole responsibility of LEDVANCE and not of the store operator.
9.3 LEDVANCE’s contact details are:
LEDVANCE GmbH, Parkring 1-5, 85748 Garching, Germany
Telephone: +49 (89) 780 673 100
Email: contact@ledvance.com
9.4 LEDVANCE warrants that the LEDVANCE RENEWABLES App is free of defects in accordance with these Terms of Use. In the event that the LEDVANCE RENEWABLES App or a service relating to it is defective, You can additionally contact the store operator. Otherwise, the store operator is not responsible for the warranty of the LEDVANCE RENEWABLES App. Any further liability concerns LEDVANCE alone.
9.5 LEDVANCE is solely responsible for any other claims by You or third parties that are triggered by the LEDVANCE RENEWABLES App or its use, and not the store operator. This concerns the area of product liability and the violation of legal obligations, administrative regulations or consumer protection regulations (if applicable).
9.6 If a third party asserts claims based on the infringement of intellectual property by the LEDVANCE RENEWABLES App itself or possession and use of the LEDVANCE RENEWABLES Mobile App by You, LEDVANCE is solely responsible for the examination, settlement and processing of these claims as well as for the defense against them, not the store operator.
9.7 You assure to LEDVANCE that You
1. i. are not a resident of a country embargoed by the government of the United States of America or included by the government of the United States of America in the list of countries supporting terrorists, and
2. ii. are not on a list of persons with whom the United States Government has prohibited or restricted trade (restricted party list).
9.8 Apple and Apple's affiliates are third party beneficiaries of these Terms of Use. If You agree to be bound by these Terms of Use, Apple will have the right to enforce against You any rights or claims Apple may have under these Terms of Use.

10. Data Protection
All personal data collected from You by LEDVANCE will be processed in accordance with the provisions of the LEDVANCE RENEWABLES Privacy Policy [3] [4] [5] .

11. Liability
LEDVANCE shall be liable to You in accordance with the following provisions:

11.1 The provision of the LEDVANCE RENEWABLES Application(s) by LEDVANCE to You is free of charge. LEDVANCE shall be liable to You for defects in material and defects of title of the LEDVANCE RENEWABLES Application(s) only in the event of fraudulent concealment of the defect. A defect in material exists if the Application does not have the agreed quality at the time of transfer of risk. A defect of title exists if third parties can assert rights against You with regard to LEDVANCE RENEWABLES Application(s) - except for the cases listed in these Terms of Use.
11.2 LEDVANCE shall be liable to You in accordance with the statutory provisions only for damage caused by gross negligence or intent on the part of LEDVANCE, its legal representatives or vicarious agents, for damage resulting from culpable injury to life, limb or health, the assumption of a quality guarantee. Since LEDVANCE provides its Applications to You free of charge, LEDVANCE shall not be liable for slight negligence. LEDVANCE's liability for damages under the Product Liability Act (ProdHaftG) remains unaffected.
11.3 LEDVANCE is not liable for malfunctions or damages due to
1. i. improper, inappropriate operation or use of LEDVANCE RENEWABLES Applications by You or a third party
2. ii. technical defects of the Internet connection (e.g., fluctuating network quality, inaccessibility of the network, insufficient connection quality), or
3. iii. Your culpable breach of any of Your obligations under these Terms of Use
11.4 If You use LEDVANCE RENEWABLES Application(s) in combination or in connection with products, hardware, software, applications or services of You or third parties (hereinafter collectively "Third Party Products"), LEDVANCE shall only be liable for Applications’ malfunctions or damages resulting from such use in case of intent and gross negligence.
11.5 Any further liability of LEDVANCE, regardless of the cause in law, shall be excluded.
11.6 Although LEDVANCE always endeavors to keep its Applications free of malware, in particular viruses, spyware, worms, Trojans and ransomware, LEDVANCE does not warrant or guarantee the absence of malware. Before downloading or or using LEDVANCE RENEWABLES Application(s), You should take appropriate safety precautions and check for malware for Your own protection and to prevent malware.
11.7 The above exclusions and limitations of liability shall apply in particular to claims for damages and reimbursement of expenses and also to the same extent for the benefit of the corporate bodies, legal representatives, employees and other vicarious agents of LEDVANCE.

12. Applicable Law, Place of Jurisdiction

12.1 The contractual relationship between LEDVANCE and You and these Terms of Use shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the provisions of international private law.
12.2 If You are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship between LEDVANCE and You or these Terms of Use shall be Munich, Germany. However, LEDVANCE is also entitled to sue You at Your general place of jurisdiction. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this.

13. Amendments to the Terms of Use, Partial Invalidity

13.1 LEDVANCE reserves the right to amend these Terms of Use at any time to the extent necessary, provided that You are not thereby disadvantaged contrary to good faith or unreasonably. Any changes to the Terms of Use will be made available to You via the respective Application. YOUR CONTINUED USE OF LEDVANCE RENEWABLES APPLICATION(S) AFTER ANY SUCH MODIFICATION MEANS THAT YOU ACCEPT THE MODIFIED TERMS. EACH TIME YOU USE LEDVANCE RENEWABLES APPLICATION(S), THE LATEST VERSION OF THE TERMS WILL BE DISPLAYED AND WILL APPLY. If You do not agree with the amended TERMS OF USE, You are free to reject them; however, this means that You will no longer be permitted to use the respective LEDVANCE RENEWABLES Application.
13.2 Insofar as individual provisions of these Terms of Use are or become invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the economic objectives of the parties. The same shall apply in the event of an omission.