2. Registration; Storage of Contract Text; Contract Language
2.1 By entering the data indicated as mandatory in the registration form and submitting the form by clicking on “Register”, you are making a legally binding offer to conclude an agreement on the use of the Application (“License Agreement”). During the registration process, you accept the exclusive application of the Terms and Conditions of Use by clicking on the relevant checkbox. If any mandatory information is missing during registration, you will be alerted to this. When registering for and using the Application, all the information you provide must be correct and complete.
2.2 After you have submitted your data by clicking on “Register”, we will immediately send you an e-mail confirming your registration. By confirming your registration in this way, we accept your offer to conclude the License Agreement, subject to verification of your e-mail address. For this purpose the e-mail containing our confirmation of registration will include an appropriately named link; by clicking on this link, you confirm that the e-mail address you have provided is correct (verification of your e-mail address).
2.3 The contract text will be sent to you by e-mail in the form of the confirmation of registration and we will store it only in this form. These Terms and Conditions of Use can be viewed, saved as a PDF, and printed out at any time at https://www.solarweb.com/en/terms-and-conditions.
2.4 We offer the Terms and Conditions of Use, registration, and distance contract in the contract languages, which are specified at https://www.solarweb.com/en-en/service-description.
3. Access Data; Assigning Access Rights
3.1 Upon registration, we will create a user account for you, which you can access using your access data (user name and password). The access data can be modified at any time via the password-protected user account.
3.2 We will never contact you and ask you to reveal your access data. Please contact us immediately if this happens.
3.3 You must take suitable precautions to prevent unauthorized access to protected areas of your personal user account by third parties; in particular, access data must not be disclosed to unauthorized third parties. It is, however, permitted to share your access data with persons you have engaged to carry out work (e.g., installers), to allow them to access the Application on your behalf. Forwarding the access data to third parties is your responsibility. We will assume no liability for this and for damages arising in this regard.
3.4 As a system operator you can also grant other persons access rights to the electrical devices, customer systems, and photovoltaic systems (“Systems”) that you have registered in the Application. Granting system maintenance rights allows another Application user to acquire almost the same rights as the system operator and to view measured values and measurement curves for the system, generate reports, check and deactivate service messages, update system components or change settings, but not delete a system. By granting guest rights, you can give another Application user restricted access to the system and allow him/her to view measured values and measurement curves for the system only. Further information can be found in our application notes (https://www.solarweb.com/en-en/service-description). We accept no liability whatsoever for activities carried out by users on the basis of the aforementioned assignment of rights or for any resulting costs and damage.
4. Granting of Rights; Scope of Services; Requirements for Use
4.1 In accordance with these Terms and Conditions of Use, we grant you the non-exclusive, time-limited right to use the Application for the intended purpose during the term of the agreement.
4.2 We offer the Application as a website for use via a web browser (“Browser Version”) and as a smartphone version for mobile devices (Android and iOS). The Browser Version can be accessed via the URL https://www.solarweb.com (button: “Login”). The Android version can be purchased from the Google Play Store and the iOS version from the Apple App Store.
4.3 The main purposes of the Application are the recording, processing, management, and use of parameters obtained from the Systems (see Section 3.4).
4.4 An internet connection is required to use the Application. Additional technical requirements that must be met to use the Application – relating, in particular, to compatibility with other hardware and software – and the scope of services can be found in the current Description of Services, which can be accessed at https://www.solarweb.com/en-en/service-description.
4.5 Owing to the technical design, in particular because the Application is available exclusively via the internet, there may be interruptions to availability and times when the Application cannot be accessed, e.g., in the event of disruptions to public communication networks or power outages. We do not owe the continuous availability of the Application and are entitled to limit usage, either in part or in full, or to terminate use if required in view of capacity limitations, security, or integrity. Furthermore, the Application will be unavailable, either in full or in part, during maintenance periods (e.g., when installing new software); we will endeavor to perform planned maintenance during low-use periods as far as possible.
5. Application Updates
5.1 To the extent required to maintain contractual conformity and in particular the security of the Application, we will make updates available – if necessary, together with Installation Instructions – and will notify you accordingly the next time the Application is opened. If you fail to install an update within an appropriate period of being informed that the update is available, this poses a risk to the security of the Application on your device. In such a case we are not liable for any damage that can be attributed solely to the absence of the uninstalled update. If you use the Browser Version of the Application, you do not have to install any updates; you are automatically using the current version by accessing the website.
5.2 We are continuously developing the Application and will make the latest version of the Application available to you during the agreed term.
5.3 An entitlement to have updates made available only exists in accordance with Sections 8 and 17.
6. System Software Updates
6.1 If you register Systems via the Application, you can download updates to the system control software manually via the internet and install them in the Systems (“Firmware Updates”). Firmware Updates can only be installed using the Browser Version of the Application.
6.2 If necessary to eliminate serious security risks, in exceptional cases we are entitled to install Firmware Updates automatically without your explicit consent; under no circumstances will such Firmware Updates modify key functions or usage-relevant characteristics of the system.
6.3 Updates will be downloaded via the internet connection that you have set up. While the update is being installed you may be unable to use the system temporarily. We are not obliged to compensate you for any connection costs incurred or for any loss of use.
7. Complaints; Dispute Resolution
7.1 Any complaints relating to our services may be sent using the contact details indicated in Section 1.3 or directly to our customer service team via e-mail (support@fronius.com).
7.2 The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes relating to an online order without going to court. The EU’s Online Dispute Resolution Platform for online purchase and service contracts can be found at https://ec.europa.eu/consumers/odr/.
7.3 The Austrian Mediation Office for Consumer Transactions (Schlichtungsstelle für Verbrauchergeschäfte) can be found at https://www.verbraucherschlichtung.at/.
7.4 Our e-mail address is: contact@fronius.com.
7.5 We will always endeavor to settle any differences of opinion with you by mutual agreement. However, we are not prepared, and also not obliged, to participate in these alternative dispute resolution procedures.
8. Warranty
8.1 The Basic Version of the Application is made available free of charge. If you are using the Basic Version, the following applies in the event of defects:
8.1.1 In the event of material defects, we are liable for any direct damage that you suffer due to malicious concealment of an error in the software by us and, in the case of consequential damage, for damage resulting from intent or gross negligence on our part. Any further warranty for material defects is excluded. You have no claim to the rectification of errors or the provision of updates.
8.1.2 In the event of defects of title, we will only be liable for damage that you suffer due to malicious concealment of an error in the software by us. Any further warranty for defects of title is excluded.
8.2 If you are using the paid-for Premium Version, you have the rights set out in accordance with Section 17.
8.3 Our warranty does not under any circumstances apply to errors caused by the use of the Application in a hardware or software environment that does not meet the requirements specified by us or caused by you making changes or modifications to the Application that you are not legally entitled to make or that we have not consented to in advance at least in text form.
9. Liability
9.1 Our liability for damages and reimbursement of expenses in the event of slight negligence is excluded unless we have breached a material contractual obligation, that is an obligation that must be fulfilled in order for the agreement to be properly executed or that you may generally rely on being fulfilled. In this event, our liability is limited to the damages that are typical for this type of agreement and that we had to anticipate when concluding the agreement based on the circumstances known to us.
9.2 Our liability for damages resulting from physical injury, loss of life, or harm to health, in cases of intent and gross negligence, in cases where a guaranteed characteristic is absent, and under the Product Liability Law is, however, unlimited.
10. Exclusion and Limitation of Use
10.1 We reserve the right to define separate access requirements for individual Application services and to exclude users who do not or no longer fulfill these requirements from the use of these services or not to enable these services for such users in the first place.
10.2 If you misuse the Application or your use of it impairs the security or stability of the Application or our systems, we are entitled to restrict your access to the Application and individual Application services to the extent required or to block your access altogether.
11. Term; Termination
11.1 The License Agreement is concluded for an indefinite period.
11.2 You may terminate the License Agreement at any time in writing without notice. To do so, it is sufficient to send notice of termination via e-mail to the e-mail address specified in Section 7.1 or to delete your user account using the corresponding button in the Browser Version of the Application.
11.3 We may terminate the License Agreement at any time, subject to a notice period of 14 days. Our right to block access and to take other measures in accordance with Section 10 remains unaffected.
11.4 The right to extraordinary termination for good cause remains unaffected for both parties.
11.5 Upon termination of the License Agreement, the user account will be deactivated and deleted.
11.6 Without prejudice to the above provisions, we are entitled to deactivate and delete user accounts with incomplete registration data and user accounts that have been inactive for a period of at least 12 months.
12. Customer support
12.1 Where customer support is required, our international and national Fronius Technical Support teams (TSI/TSN) may access user data via the TSI portal and view data relevant to the customer, as well as modify these data. If necessary, for example for error analysis, Technical Support may also take over the customer login and log in, act, and intervene as the customer. We reserve the right also to contact our users by e-mail in urgent cases.
13. Applicable Law; Place of Jurisdiction
13.1 The law of the Republic of Austria applies, to the exclusion of its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, you may nevertheless rely on the rules of your country of habitual residence which cannot be derogated from by agreement.
13.2 If you are acting as an entrepreneur, legal person under public law, or special asset under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with this agreement is 4600 Wels, Austria. The same applies if your registered office or place of habitual residence is outside the Republic of Austria and the agreement or claims arising from the agreement can be attributed to your trade or profession. However, in the above cases we will in any event be entitled to bring legal action at the court with jurisdiction for your registered office.
14. Written Form; Severability Clause
14.1 Amendments or additions to these Terms and Conditions of Use must be made in writing. This also applies to any revocation of this written form requirement. Unless otherwise stipulated explicitly in these Terms and Conditions of Use, the agreed requirement to use the written form is also met by the use of e-mail.
14.2 Should individual provisions be ineffective or unfeasible, or become so after conclusion of the agreement, the effectiveness of the remaining provisions will not be affected. The ineffective provision must be replaced by one that matches the commercial purpose of the original provision as closely as possible.