Terms of Service

1 Introduction

These Terms of Service ("Terms") constitute a legal agreement between you ("User" or "you") and pvnode UG (haftungsbeschränkt) ("pvnode," "we," "us," or "our"). These Terms govern your access to and use of our website, mobile and web applications, application programming interface (API), and any data or services provided by pvnode (collectively, the "Services").

Our Services offer a wide range of data related to weather, renewable energy sources—including photovoltaic systems and storage systems—meteorological data, heat pumps, climates, and more. These services are designed to provide valuable insights, such as yield data, historical data, and forecasts, to support decision-making processes in relevant fields.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services. This agreement becomes effective upon your use of any part of our Services, and by continuing, you consent to the electronic receipt of all communications from us related to the use of the Services.

Please read these Terms carefully before proceeding to ensure you fully understand your rights and obligations.

2 Eligibility

To access and use our Services, you must meet the following criteria:

• Age Requirement: You must be at least 18 years of age. By using our Services, you represent that you are of legal age to form a binding contract with pvnode.

• Compliance with Laws: You must not be barred from using our Services under any applicable laws. This includes any restrictions placed on you personally or on the jurisdiction in which you reside or from which you access our Services.

• Authority to Bind: If you are registering for or using the Services on behalf of a business or organization, you affirm that you are authorized to act on behalf of that entity. By accepting these Terms, you are binding both yourself and the entity you represent to this agreement.

Please ensure you meet all the above conditions to continue using our Services. If at any time you no longer meet these requirements, you must immediately cease using the Services.

3 Account Registration and Use

3.1 Account Creation: To access our Services, registration of an account is required. Depending on the specific product or service you wish to use, you may register either as an individual or as part of a Workspace. For certain products, creating or joining a Workspace may be necessary to utilize the service fully. During the registration process, you are required to provide accurate and complete information and continually update this information to maintain its accuracy. You are responsible for safeguarding your account credentials and are liable for all activities that occur under your account.

3.2 User Roles: • Individual Users: Individual users can manage personal settings and access Services tailored to individual use, where applicable. • Workspace Users: Users within a Workspace have access to Services according to the permissions set by the Workspace's subscription level. These users can manage personal settings within their user profiles but do not have broader administrative rights. • Administrators: Each Workspace must have at least one Administrator. Administrators have comprehensive access and control over the Workspace's account, including the ability to manage subscriptions, add or remove users, and oversee API Clients.

3.3 Workspaces: User accounts may be part of a Workspace where subscriptions are managed and billed at the Workspace level. The Workspace's Administrator is responsible for subscription management, including payment obligations and managing access for users within the Workspace. This structure is particularly relevant for certain products that are designed for collaborative or multi-user environments.

3.4 API Clients: API Clients allow users to interact programmatically with our Services. Both Administrators of Workspaces and Individual Users, where applicable, can create API Clients depending on their subscription level. Each API Client is equipped with unique credentials, which must be used in accordance with our API access policies as detailed in our documentation. These credentials are required to authenticate and facilitate secure interactions with our APIs.

3.5 Account Security: You are responsible for the security of your account and must immediately notify pvnode of any unauthorized use or security breach of your account or Workspace's information.

3.6 Account Termination: pvnode reserves the right to suspend or terminate your account, or an entire Workspace’s access, at our discretion if there is a breach of these Terms, misuse of the Services, or for any other security or legal reasons.

4 Subscriptions and Fees

4.1 Subscription Plans: pvnode offers a variety of subscription plans tailored to meet diverse needs. Each plan includes specific allowances for usage metrics such as requests, data volume, or other relevant parameters, which reset annually. Comprehensive details about the features, pricing, and usage limits of each subscription plan are readily accessible on our website.

4.2 Billing and Payment: Subscriptions are billed annually. The payment for each subscription period is automatically processed at the start of the billing cycle. You can manage and update your payment methods via your account settings on our website.

4.3 Additional Usage: Should your Workspace exceed the included usage limits within any annually period, you have the option to purchase additional usage credits. This ensures continued service without interruption. Information regarding the rates for additional usage is available on our website.

4.4 Usage Limits and Service Stability: To maintain the stability and performance of the Services, pvnode reserves the right to set and adjust usage limits as deemed necessary. These limits are designed to facilitate equitable access to our services for all users and may be modified at our discretion.

4.5 Academic/Research Accounts: We provide special subscription plans for academic and research institutions, which may include different pricing and usage restrictions suitable for educational and research purposes. For detailed information and eligibility criteria, please reach out to our support team.

5 API-Access and Usage

5.1 API Credentials: When you subscribe to a plan that includes API access, pvnode will issue you with API credentials. This includes client credentials and instructions for using the API, as detailed in our provided documentation. It is essential that you follow these instructions to ensure secure and proper use of the API.

5.2 Authentication and Authorization: All API requests must be authenticated using your issued client credentials and a valid JWT token. It is your responsibility to keep these credentials confidential to prevent unauthorized access and use.

5.3 Rate Limits and Usage Restrictions: Your subscription plan determines the specific rate limits and usage restrictions that apply to your API usage. These limitations can include the number of requests per minute, hour, or day, as well as restrictions on the volume of data accessed. Detailed information on these restrictions is available on our website and through your account dashboard.

5.4 Fair Use Policy: pvnode enforces a fair use policy to ensure all users have equitable access to the API. We actively monitor API usage and reserve the right to take necessary action, which may include temporary or permanent suspension of API access, should your usage be deemed excessive or abusive.

5.5 Compliance with Documentation: You must use the API in strict accordance with the guidelines, instructions, and documentation provided by pvnode. Non-compliance with these directives may result in the suspension of your API access.

5.6 Prohibited Uses: The API must not be used for any illegal, unauthorized, or malicious activities. Prohibited uses include, but are not limited to, unauthorized system access, API disruption, and dissemination of spam or other harmful, unsolicited communications. Violation of this policy may result in immediate suspension or termination of your API access and legal action where applicable.

6 Data Access and Permitted Uses

6.1 Data Ownership: pvnode retains full ownership of all data provided through our Services ("Data"). You are granted a non-exclusive, non-transferable, limited license to access and use the Data strictly in accordance with these Terms and the specific provisions of your subscription plan.

6.2 Permitted Uses - Commercial Accounts: If you hold a commercial subscription, you are permitted to use the Data for internal business operations and for the creation of customer-facing products or services that incorporate the Data. Permitted commercial uses include, but are not limited to: • Developing and enhancing products or services. • Conducting market analysis and research. • Supporting business decision-making and strategy formulation. • Providing forecasts or data-driven insights to customers, under the condition that these offerings do not compete directly with the core products or services of pvnode.

6.3 Permitted Uses - Academic/Research Accounts: Users with academic or research subscriptions are permitted to use the Data solely for non-commercial, educational, or research purposes, including but not limited to: • Academic coursework and research projects. • Publishing scholarly articles or papers. • Presenting findings at conferences or workshops. In all scholarly publications, presentations, or educational materials that utilize or reference the Data, users are required to cite pvnode as the source of the data in a manner consistent with standard academic practice. This ensures that pvnode receives appropriate recognition and maintains the integrity of the academic work.

6.4 Prohibited Uses: The following uses are prohibited for all users, irrespective of their subscription type: • Reselling, sublicensing, or otherwise redistributing the Data in its original, bulk form. • Creating any product or service that directly competes with the commercial offerings of pvnode. • Utilizing the Data for any illegal, harmful, or unethical activities.

6.5 Data Modifications: You may modify, analyze, and transform the Data for your authorized uses, but you must not remove or obscure any copyright or proprietary notices attached to the Data. Modifications should respect the intellectual property rights of pvnode and adhere to the terms outlined herein.

7 Data Retention and Security

7.1 Data Retention Policy: pvnode adheres to a defined data retention policy that aligns with industry standards and regulatory requirements. Data collected and processed through our Services is retained only for as long as necessary to fulfill the purposes outlined in these Terms and our Privacy Policy, including for the duration of your subscription and any applicable legal, accounting, or reporting requirements. Upon the expiration of the retention period, data is securely deleted or anonymized.

7.2 Data Security Measures: pvnode is committed to protecting the security of your data. We implement a variety of security technologies and organizational measures to ensure that data is protected from unauthorized access, alteration, disclosure, or destruction. These measures include, but are not limited to: • Encryption of data in transit and at rest. • Secure server environments and data centers. • Regular security assessments and updates to our security practices.

7.3 User Responsibilities: While pvnode provides robust security measures, the security of your data also depends on your actions. You are responsible for maintaining the confidentiality of your account credentials, controlling access to your data, and ensuring that all logins and passwords are kept secure. If you suspect any unauthorized use of your account or any other breach of security, you must immediately notify pvnode.

7.4 Compliance with Data Protection Regulations: pvnode complies with applicable data protection laws in the jurisdictions in which we operate. This includes fulfilling obligations related to data access, correction, deletion, and portability as required by law. Users are encouraged to be aware of and exercise their data protection rights in accordance with our Privacy Policy.

8 Intellectual Property Rights

8.1 Ownership: All intellectual property rights in the Services, including but not limited to websites, applications, web and mobile platforms, APIs, data, and all related graphics, user interfaces, logos, and trademarks, are owned by pvnode or its licensors. The Services are protected by copyright laws, trademark laws, and other intellectual property rights applicable under local laws and international conventions.

8.2 License Grant: pvnode grants you a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. This license is granted solely for your personal or business use and is not a transfer of title in the Services or the data provided.

8.3 Restrictions: You may not modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of the software, unless laws prohibit these restrictions, or you have our explicit written permission to do so.

8.4 User-Generated Content: When you upload content (such as logos, data, custom reports, or analysis) to our Services, you retain ownership of your content. However, by uploading this content, you grant pvnode a limited, non-exclusive, revocable license solely to use, store, and process the content necessary to deliver and improve the Services requested by you. This license does not include the right for pvnode to use your content for marketing purposes or to redistribute it outside of the necessary scope of service provision unless explicitly agreed by you. We respect your rights to your content and ensure that our use of such content is limited to the performance of the services you have engaged us for. If you choose to remove your content or terminate your account, your content will no longer be visible or used by our Services, subject to any retention necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

8.5 No Implied Rights: There are no implied licenses granted by pvnode under these Terms. All rights not expressly granted to you are retained by pvnode.

8.6 Protection and Enforcement: pvnode will vigorously fully protect its intellectual property rights of the law. This includes seeking criminal and civil remedies where necessary to prevent misuse or unauthorized use of its intellectual property.

9 Documentation and Support

9.1 Documentation: Comprehensive documentation related to the use of our Services is available on our website. This documentation is designed to provide you with detailed guidance on how to effectively utilize our services and features. We regularly update our documentation to reflect any changes to the services or new features.

9.2 Support Services: Should you require assistance or encounter any issues while using our Services, support is available through the following channels: • Website: Visit our support section on our website for FAQs, troubleshooting tips, and more. • Email: You can reach our support team by sending an email to the designated support email address provided on our website.

9.3 Additional Resources: pvnode may provide additional resources such as tutorials, forums, or webinars, which are designed to enhance your use of our Services. Check our website regularly for the latest resources and support tools.

10 Service Availability and Reliability

10.1 Service Availability: pvnode provides access to our Services based on the terms defined within each subscription plan. We make every effort to ensure reliable access, but do not guarantee uninterrupted or error-free operation of our Services. Specific availability guarantees, if offered, are detailed within higher-tier subscription plans as outlined on our website.

10.2 Free Trials: Free trials of our Services are provided on an 'as is' and 'as available' basis. These trials are intended for evaluation purposes and do not come with any guarantees regarding availability or service continuity.

10.3 Scheduled Maintenance: To enhance and maintain the performance and security of our Services, periodic scheduled maintenance is necessary. We will attempt to conduct maintenance during periods of anticipated low usage and provide advance notice via our website or through direct communication when possible.

10.4 Unscheduled Downtime: In the case of unscheduled downtime, pvnode will act promptly to restore services and minimize disruption. However, we are not obligated to offer compensation or service credits for downtime experienced during the use of our Services, unless explicitly stated in a specific subscription plan’s term.

10.5 Modifications to Service: pvnode reserves the right to modify, enhance, or discontinue any part of our Services at any time to adapt to changing technologies, market conditions, or customer needs. • Modifications: We are committed to continuously improving our Services and may make modifications as necessary. These modifications could include upgrading features, redesigning, or enhancing functionality. We will provide notice of any significant changes that could affect your use of the Services. • Discontinuation: If we decide to discontinue a service permanently, we will notify you in advance and continue to provide the service until the end of your current paid subscription period, but not exceeding one year from the notice of discontinuation. If the service is discontinued and less than a year remains on your subscription, we will continue the service until the end of your subscription period. • Communication: All notifications regarding significant changes, including discontinuing a service, will be communicated through your registered email or a prominent notice on our website.

11 Accuracy of Information

11.1 Efforts to Ensure Accuracy: pvnode strives to provide accurate and up-to-date information through our Services. We employ rigorous methodologies and quality control processes to ensure the reliability of our data and calculations. However, due to the complex nature of the data and the potential for sources outside of our control, we cannot guarantee that all information provided is entirely accurate or complete.

11.2 Inherent Limitations: Users should be aware that all data and calculations provided by pvnode might contain inaccuracies or errors. Additionally, there may be instances of missing data within the time-series information we provide. While we make every effort to minimize these issues, they can occur because of various factors including but not limited to data transmission errors, changes in source data, and software glitches.

11.3 No Guarantee of Completeness: pvnode does not guarantee the completeness of the data. Interruptions or gaps in data may occur, and we cannot assure users that every data series will be uninterrupted and fully comprehensive.

11.4 Use of Information: Given the potential for inaccuracies, pvnode advises all users to verify and corroborate data when making decisions based on the information provided by our Services. We shall not be held liable for any errors or omissions in the information nor for any loss or damage that may arise from its use.

11.5 Reporting Inaccuracies: If users identify any discrepancies or missing data, we encourage prompt reporting of these issues to our support team so that we can investigate and address the matter appropriately. Your feedback is crucial in helping us improve our services.

12 Termination and Suspension

12.1 Termination Rights: pvnode reserves the right to suspend or terminate your account and access to the Services at our discretion due to non-compliance with these Terms, suspected fraud, or potential legal liability. Similarly, you may terminate your account at any time through your account settings or by contacting customer support. Please note that no refunds will be provided for any prepaid fees upon termination, whether initiated by you or by pvnode.

12.2 Suspension for Security or Operational Reasons: We may temporarily suspend your access to the Services if we identify security risks or suspect violations of these Terms. During the suspension period, your access to the account and Services will be restricted.

12.3 Effects of Termination: Upon termination, all rights granted to you under these Terms will cease immediately, and you will no longer have access to the Services. We may retain your data for a period post-termination as necessary to comply with legal obligations, resolve disputes, and enforce agreements.

12.4 Notification: We will endeavor to notify you at the email address associated with your account in the event of an impending suspension or termination, or you may be informed upon your next attempt to access your account.

13 Disclaimers and Limitations of Liability

13.1 Disclaimers: pvnode provides the Services on an 'as is' and 'as available' basis. We do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We make no warranties regarding the accuracy, reliability, completeness, or timeliness of the data, service, software, text, graphics, or links.

13.2 Exclusion of Certain Liabilities: To the fullest extent permitted by applicable law, pvnode shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: • Your access to, use of, or inability to access or use the Services; • Any conduct or content of any third party on the Services; • Unauthorized access, use, or alteration of your transmissions or content; and • Any content obtained from the Services.

13.3 Limitation of Liability: Our total liability for any claims under these Terms, including for any implied warranties, is limited to an amount equal to the fees you paid for the last three months of your annual subscription. This prorated amount is calculated as one-quarter of the total fees paid annually, aligning the liability with the proportional value of the services during this period.

13.4 User Acknowledgment: You acknowledge that pvnode does not offer professional advice, such as legal, financial, or risk management decisions, through the Services. Reliance on any information provided by the Services is solely at your own risk.

14 Governing Law and Dispute Resolution

The governing law for these Terms shall be the laws of Germany, without regard to its conflict of laws principles. All disputes arising under these Terms shall be resolved in the competent courts of Rosenheim, Germany, and you agree to submit to the jurisdiction of such courts.

15 Changes to the Terms

pvnode reserves the right to modify these Terms at any time. We will notify users of any changes by updating the Terms on our website and providing a notice through our Services. Your continued use of the Services after any changes indicates your acceptance of the new Terms.

16 Miscellaneous

16.1 Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect and enforceable.

16.2 Entire Agreement: These Terms constitute the entire agreement between you and pvnode regarding the use of the Services, superseding any prior agreements or communications.

16.3 Waiver: Any failure by pvnode to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without pvnode’s prior written consent. pvnode may assign these Terms without restriction.