Terms of Use

Terms of Use for Sunny Portal

The company SMA Solar Technology AG (in the following "SMA") makes available with Sunny Portal within the framework of the website www.sunnyportal.com as well as other websites (in the following collectively the "website") based on the following terms of use products, services, and data (in the following collectively "services") e.g. in connection with the collection, management and presentation of the data of energy technology devices, systems and plants (in the following "systems"). User of the service can be the system operator of the systems in question or a third party acting or trading on his behalf, in particular the installer of those systems.

  1. Area of Application

    1. These terms of use regulate the access to and the use of website functions, data and services made available on the website by SMA.
    2. With the use of one or more services you acknowledge these terms of use and enter into a contract of use between yourself and SMA which is subject to these terms of use. You can print out these terms of use.
    3. Insofar as fee-based services are made available on the website, these are subject to further legal conditions (in the following "special conditions") in addition to these terms of use which will be displayed during the respective order process. The presentation of the services offered against payment on the website does not constitute a legally binding offer. The conclusion of a binding contract for fee-based services is subject solely to the special conditions applicable in each case.
    4. The user of the website expressly acknowledges by agreeing to these terms of use that when using fee-based services, inclusion of the user's general terms and conditions is precluded and the user does not have the right to demand such an inclusion. This is also applicable when within the framework of an on-going business relationship between the user in question and SMA the general order conditions or purchasing conditions of the user apply for services or products other than the fee-based service.

  2. Use and Registration / Use for Third Parties

    1. The use of certain services is exclusively available for registered users. SMA can define access criteria and grant access to a registered area or the use of certain services dependent on the satisfaction of these criteria.
    2. Insofar as a registration is necessary for the use of certain services, the user will receive one or more passwords as well as one or more user identifiers (in the following "access data"). The user is obliged to treat this access data as confidential.

      This registration entitles the user to use the services only in the context of the content and functionality offered and pursuant to these terms of use and if applicable to the special conditions in place for the fee-based services.

    3. The approval of a user, the limitation and the exclusion of an approved use or application are at the discretion of SMA insofar as the user does not make use of fee-based services. Insofar as fee-based services are concerned, SMA, however, is entitled to restrict access in each case or completely exclude to the extent necessary where the conditions set for access or use in accordance with paragraphs 2.4 and 2.5 as well as any applicable special conditions are no longer satisfied.
    4. Insofar as the access to or the use of services affects data of a third party, e.g. the data transmitted to the website from photovoltaic systems fitted with inverters and data communication devices, this access may only take place if the user obtained the express prior consent of each eligible third party for use in accordance with these terms of use (including the acceptance of the data protection declaration by the third party). Insofar as the user logs in and registers a third party or his system for the use of services, the user confirms with the registration and acceptance of these terms of use that he or she has obtained express prior consent of the respective authorized third party for registration and employment of the respective system and for the use in accordance with these terms of use (including the third party's acceptance of the data protection declaration).

      The user is obliged to substantiate to SMA the agreement of the respective third party or of the system operator upon the request of SMA before or after the registration. You absolve SMA of all claims made by third parties inclusive of authorities in connection with a use not covered in the previously named agreement of the use of the services.

      SMA reserves the right to exclude registered users from accessing and using services when and if the user can not sufficiently prove to be authorized by the respective authorized third party. In the event of doubt, the instructions of the authorized third party, e.g. the system operator, to SMA take precedence over the registered user, who in this case has no claim against SMA on the continued or unimpeded use of the services.

    5. SMA is to be informed immediately in the event of loss or the suspicion of misuse of the access data. If SMA becomes aware of this, SMA may take the necessary countermeasures and in particular in the case of misuse exclude the respective user from further use or application. Misuse exists in particular if the user does not follow the obligations laid out in paragraphs 3.2, 3.3. and 5.2, uses the website for criminal or other illegal purposes, conducts disruptive access that leads to an excessive load of the website (e.g. sending mass notifications or messages [spam]) or leads to an unreasonable nuisance to other users (e.g. hacking or the use of and/or the distribution of viruses, worms, Trojan horses).

  3. Use Limitations

    1. The website made available for use and the services available therein have been developed by SMA and are subject to copyright protection. SMA possesses all rights of use and distribution.
    2. The user may only use information called up and the results of the Internet services within the framework of these terms of use and in the event of the use of fee-based services in accordance with the respective valid special conditions for these. The use of computer programs for the automatic reading off of data, e.g. crawlers, is prohibited in all cases.
    3. The content available via the website may not be copied, distributed or made otherwise public without the agreement of the respective rights owner. SMA grants the user (subject to approval by the affected third party or system owner) the right to make public and to make available to third parties the system data on the website (e.g. of the photovoltaic systems fitted with inverters and data communication devices) within the framework of the website functions. Any additional use of the retrieved information and results of the services offered by SMA are allowed only with the express written permission of SMA.

  4. Changes to the Website Content

    1. SMA reserves the right to change, add to or delete the design and content of the website or to cease publication of the services temporarily or permanently without prior notice.
    2. Insofar as fee-based services are affected by this, SMA will either offer an alternative of equal value or refund the user a proportional amount of the remuneration received.
    3. Insofar as claims due to changes to or the discontinuation of services or the website are granted in these terms of use, the user is not entitled to any claims for damage, compensation claims or other claims.

  5. User’s Own Content

    Insofar as users posting their own content on the website is allowed, the following applies:

    1. The users may post their own content or allow other people to do so (including links to the websites of third parties) so long as the data room made available for this is sufficient. Users have no claims on the publication of submitted content or to permanent storage of content on the site. SMA accepts no responsibility for the content, the correctness or the form of the information posted. In addition, the user is obliged to ensure that the rights of third parties, in particular trademark rights, copy rights and personal rights are protected and are not infringed upon.
    2. The posting of content glorifying violence, pornographic content, discriminating content, content that infringes on personal honor or other content that violates the law or morality is not permitted.

  6. References and Links

    Insofar as the website contains links or references to third-party websites, the following applies:

    1. The responsibility for this third-party content lies solely with the provider making this content available. SMA only provides access to this content. SMA has no influence on the current appearance, content, or authorship of linked/referenced sites. For this reason, SMA hereby expressly distances itself from all linked/referenced site content.
    2. The provider of the site that was referenced and not the one that is simply referencing the respective publication via links is solely responsible for illegal, faulty or incomplete content and in particular for damages arising from the use or disuse of third-party information.

  7. Statutory Warranty and Liability

    1. SMA assumes no liability for the accuracy, timeliness, correctness, completeness or quality of the information and services provided.
    2. All liability claims against SMA which refer to damages of a material or intellectual nature caused by the use or disuse of free information presented or by the use of incorrect and incomplete free information are excluded, provided that there are no demonstrably intentional or grossly negligent faults on the side of SMA. In particular this applies to damages arising from loss of use, data loss or loss of yields. Liability for data loss is limited to the typical restoration costs, which would have occurred during the regular and risk-pertinent production of back-up copies.
    3. It is the sole responsibility of the user to examine the contents of the results obtained from the use of the services and their suitability for the respective purpose. SMA explicitly points out that the income information provided is only intended to inform the user, and in particular is not intended for billing purposes or to provide proof of claims concerning the feed-in of energy against grid operators. A right of the user to the temporal availability of the website as well as 100% data availability does not exist.
    4. The provisions of the special conditions apply in the event of defects of fee-based services and the liability arising from the breach of contractual obligations forming the basis of fee-based services.

  8. Changes to the Terms of Use

    SMA reserves the right to make changes to these terms of use at any time in the event that this is necessary for legal or practical reasons. SMA will communicate changes to the terms of use in a timely manner prior to their coming into force. The changes will become effective if the user does not make an objection within two weeks. Upon communicating these changes, SMA will make the user aware of his right to object and the consequences of not doing so.

  9. Data Protection and Cookies

    The data protection declaration applicable for the use of the website and information on the use of cookies are available here for viewing and printing out.

  10. Miscellaneous

    1. Insofar as the user is a corporate user, these terms of use shall be governed by the substantive and procedural laws of the Federal Republic of Germany. Insofar as the user is a consumer, these terms of use shall be governed by the substantive and procedural laws of the Federal Republic of Germany provided these are not in conflict with any obligatory legal regulations, in particular consumer protection regulations.
    2. Insofar as the user is a merchant according to the German Commercial Code, is a legal entity under public law or a person governed by public law, Kassel will be the exclusive place of jurisdiction for all disputes arising out of these Terms of Use.
    3. Insofar as sections or individual formulations of this Terms of Use do not reflect or no longer fully reflect the prevailing legal norms, the remaining parts shall remain unaffected in their content and validity. In place of the ineffective provision, a provision to be determined through interpretation becomes effective that most closely approximates the ineffective provision legally in respect of the commercial intent and purpose.

Niestetal, March 2014
SMA Solar Technology AG

© SMA Solar Technology AG | Version: 2.0


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