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Terms Of Use

Preamble

REFU Elektronik GmbH
Marktstrasse 185
72793 Pfullingen
Germany
Phone: +49 7121 4332-0
Fax: +49 7121 4332-140
E-mail: mail@refu-elektronik.de

(hereinafter referred to as "REFU Elektronik" for short) shall on the basis of the following terms and conditions of use offer the service REFUlog on the Internet page "www.refu-log.de" to the owners of RefuSol inverters.

I. Subject Matter of the Agreement

The subject matter of these terms and conditions of use shall be use of the service REFUlog. With the aid of REFUlog, REFU Elektronik inverters can be monitored and their current and historical operating data evaluated to the extent that the respective REFU Elektronik inverters have a data connection to the Internet.

The service can be accordingly configured by you as the user to meet your requirements within limits prescribed by the service REFUlog.

Furthermore, you as the user have the possibility to make use of an extended functional scope offered by REFUlog following conclusion of a separate agreement against payment as of the second year of use.

If the contractually agreed payment has not been received at REFU Elektronik within four (4) weeks after becoming due, then the functional scope shall be automatically restricted to the scope of the free service.

Further details about the REFUlog service are available at "www.refu-log.de" or can be queried by telephone under +49 (0) 7123 / 969 – 0.

II. Use of the Services and Compulsory Registration

  1. Registration is required in order to be able to use REFUlog. Upon registration you as the user accept these terms and conditions of use as well as the data protection declaration from REFU Elektronik by activating the corresponding buttons. As the user you shall be obliged to always keep your contact data specified for registration up to date so that you can receive current information from REFU Elektronik with regard to the service REFUlog.
  2. Use of the service REFUlog requires that you as the user
    • purchase the activation codes for the REFU Elektronik inverters to be monitored from REFU Elektronik on the basis of our respectively current price list;
    • configure the REFU Elektronik inverters that are to be monitored in accordance with the operating instructions in such a way that they are able to send their operating data to the Internet (directly or via AEpmu);
    • register on the Internet page www.refu-log.de and activate your account with REFUlog by means of the validation code sent to you via e-mail following registration through one-time use of the validation link.
    You can then enter your plant data and the activation codes purchased for the REFU Elektronik inverters to be monitored in REFUlog.
  3. In the case of any later use of the service REFUlog these terms and conditions of use in their respective currently valid version shall constitute the fundamental rules for the relationship and the respective rights and obligations between you and REFU Elektronik.
    • In order to be able to use the service REFUlog it is necessary that you as the user establish a suitable data connection between the REFU Elektronik inverter and the Internet and maintain it during the entire period of use of REFUlog. This data connection must fulfill the following requirements:
    • Connection of the REFU Elektronik inverters shall be effected via RJ 45 network plugs.
    • The data traffic between the REFU Elektronik inverters and the Internet may not be restricted by a firewall.
    • There must be a permanent connection between the REFU Elektronik inverters and the Internet.
    • The inverters can be connected to the Internet via AEpmu as an alternative.
  4. As the user REFU Elektronik shall grant you a simple, nonexclusive right to use, freely revocable at any time within the scope of technically functional framework prescribed by REFU Elektronik for the service REFUlog with its respectively given functionality in order to invoke the operating data of your REFU Elektronik inverters and to monitor such exclusively for your internal purposes as the user.

III. Copyright of REFU Elektronik

The service REFUlog shall be the subject of industrial property rights and contains confidential information that is protected by legislation, in particular such for the protection of intellectual property.

REFU Elektronik reserves the right to any and all copyrights and other rights to the service as well as the data made available to users.

Any and all information made available to you as the user with regard to the service REFUlog shall be intended exclusively for your internal use. Neither the user name nor the password, the activation code, the validation code and/or the data provided to the user by the service REFUlog may be disclosed to third parties and/or published without the express prior written consent of REFU Elektronik.

IV. Misuse of the Service REFUlog

  1. Use of REFUlog in an abusive manner shall be expressly prohibited. In particular it shall be prohibited:
    • to disclose to third parties or to publish the user name, the password, the validation code and/or the activation code without the express prior written consent of REFU Elektronik;
    • to access the service REFUlog on the Internet page "www.refu-log.de" in any way other than the manner intended by REFU Elektronik;
    • to modify the service REFUlog beyond the configuration options technically intended by REFU Elektronik;
    • to use the service REFUlog for purposes other than those technically intended;
    • to impair the service REFUlog in any other manner, in particular to hack the service or to attack the service with brute force or denial of service (DoS) attacks;
    • to disclose to third parties or to publish data made available to you as a registered user by the service REFUlog without the express prior written consent of REFU Elektronik,
    • to invoke the operating data of third-party REFU Elektronik inverters or other (in particular personal) data of other users of the REFU Elektronik services with the exception of the published data of public plants.
  2. You shall be obliged as the user to immediately inform REFU Elektronik in the event of any suspected misuse of the user account by third parties.
  3. Any interference on the part of the user contrary to the terms of the agreement shall entitle REFU Elektronik to immediate cancellation of the use authorization without notice as well as to assert claims for damages.
  4. The user shall be responsible for making certain that the data entered by the user into the service REFUlog does not violate any laws, other regulations or rights of third parties. In the event of contravention hereof or against any other stipulations in these terms and conditions of use the user shall indemnify REFU Elektronik against the claims of third parties or government authorities involving or occasioned by the violation and replace any and all damage incurred by REFU Elektronik as a result of such violation. Damage subject to replacement shall also include any and all appropriate costs (including attorneys’ fees) incurred by REFU Elektronik due to the fact that third parties take action against REFU Elektronik in or out of court because of contents entered by the user and/or other violations of law by the user, including violation of the contractual obligations on the part of the user.

V. Modification and Termination of the Services

  1. REFU Elektronik shall not be obliged to provide the free service REFUlog. This service may be restricted or discontinued by REFU Elektronik either temporarily or completely at any time. REFU Elektronik shall immediately notify users in this regard respectively. Conversely, users shall be entitled to cease use of the service at any time.
  2. Furthermore, REFU Elektronik shall be entitled to make technical modifications to the application REFUlog at any time, in particular to add or remove individual functions or features and to delete the operating data of the REFU Elektronik inverters in the database of the service REFUlog either in part or as a whole. REFU Elektronik shall immediately notify users in this regard respectively.
  3. We thus recommend that our users backup the data made available by REFUlog on their own local computer and expressly grant you as the user the corresponding right to store the operating data of your REFU Elektronik inverter.
  4. This use agreement may be cancelled by either of the contracting parties in text form at any time without indication of the reasons and without adherence to a particular deadline. Cancellation shall be valid in particular by letter, fax or via e-mail. Cancellation on the part of the user shall be addressed to one of the contact addresses of REFU Elektronik indicated in the preamble. Cancellation by REFU Elektronik shall be addressed to one of the contact addresses indicated by the user upon registration and/or subsequently updated.
  5. REFU Elektronik shall reserve the right to delete any accounts that have not been used for six (6) months one month after notification in text form.

VI. Modification of the Terms and Conditions of Use

  1. REFU Elektronik shall be entitled to modify and adapt these terms and conditions of use at any time, in particular in order to account for changes in legal requirements or in order to take functional changes to the service into consideration. REFU Elektronik shall inform its users with regard to modifications of the terms and conditions of use in text form at one of the contact addresses indicated by the respective user upon registration.
  2. Users who are not in agreement with the modified terms and conditions of use must cease use of the service. These new terms and conditions of use between the user and REFU Elektronik shall apply starting from initial use of the service following the information about modification of the terms and conditions of use.

VII. Exclusion of Warranty (in the sense of the German legal term "Gewährleistung")

  1. REFU Elektronik shall assume no warranty at all for the availability of the service REFUlog as well as the correctness, completeness, topicality, quality or usefulness of the data represented by the service REFUlog for the purposes pursued by you as the user.
  2. As the user you shall recognize that it is not possible to have absolutely error-free products in information technology, in particular computer programs and electronic hardware, although REFU Elektronik naturally always endeavors to prevent errors.
  3. REFUlog serves exclusively to provide information about the equipment measuring data of solar plants and is not suitable for accounting purposes or other applications that require accurate, reliable, quality-reviewed, current and uninterruptible and/or constantly available measuring data as, in particular, use for archiving purposes or for the preparation of statistics.

VIII. Liability for Damages

  1. REFU Elektronik shall be liable in accordance with statutory provisions insofar as the user asserts claims for the payment of damages based on intention or gross negligence, including the intention or gross negligence of legal or other representatives, staff or executing aides of REFU Elektronik.
  2. Furthermore, REFU Elektronik shall be liable in accordance with statutory provisions insofar and to the extent that REFU Elektronik or its legal or other representatives, staff or executing aides culpably violate a substantial contractual obligation (cardinal obligation). In this case, however, liability for damages shall be limited to foreseeable, typically occurring damage.
  3. Liability due to culpable damage caused by injury to life, body or health by legal or other representatives, staff or executing aides of REFU Elektronik shall remain unaffected; this provision also applies with regard to mandatory liability in accordance with German Product Liability Law (Produkthaftungsgesetz) and in the event of violation of guarantees (in the sense of the German legal term "Garantie") granted by REFU Elektronik.
  4. Unless otherwise regulated by way of departure in the above, liability on the part of REFU Elektronik shall be excluded.

IX. Final Provisions

  1. Verbal ancillary agreements to these terms and conditions of use shall not exist.
  2. Insofar as these terms and conditions of use do not contain any deviating regulations, the General Standard Terms and Conditions of Delivery of REFU Elektronik shall apply.
  3. The present terms and conditions of use as well as use of the service REFUlog shall be governed exclusively by the law prevailing in the Federal Republic of Germany to the exclusion of provisions regarding the conflict of laws.
  4. Stuttgart shall be the exclusive place of jurisdiction for any disputes arising out of or in connection with use of REFUlog and/or these terms and conditions of use insofar as you are a merchant, legal entity under public law or special funds under public law.

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