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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’) offers its customers the free REFUdesign service on its website www.refu-design.de for the non-binding planning of photovoltaic planning on the basis of the following Terms and Conditions of Use.

I. Object of the Agreement

The object of these Terms and Conditions of Use is the use of the service REFUdesign. REFUdesign can be used to plan photovoltaic systems with REFU Elektronik inverters and solar modules from numerous manufacturers. Under consideration of the minimum and maximum temperatures at the system site and the solar modules selected by the customer, as well as the number of modules and their total area plus the type of inverter desired, the REFUdesign service calculates a proposal for the best REFU Elektronik inverters in the view of REFU Elektronik in order to assist the customer with the planning process.

Further details about the REFUdesign service can be found at www.refu-design.de. Alternatively, contact us with your queries by telephone on +49 7121 4332-300.

II. Use of the service and registration

  1. No registration is necessary to use REFUdesign. However, registration enables our customers to order the necessary products from us on the basis of the planning conducted using the REFUdesign service.
  2. The REFUdesign service can only be used once you have confirmed that you have read and accepted our Terms and Conditions of Use and Data Protection Policy by clicking the relevant buttons. Registered users who have logged in do not need to accept our Terms and Conditions of Use and Data Protection Policy for every calculation as they have already read and accepted these during the registration process.
  3. As a user, you undertake to ensure that the contact details you provided during registration are up to date at all times so that REFU Elektronik can provide you with the latest information about the REFUdesign service.
  4. During the subsequent use of the REFUdesign service, the latest version of these Terms and Conditions of Use act as the basic rules on the relationship and the rights and obligations arising between you and REFU Elektronik.
  5. To use the REFUdesign service, you must have activated JavaScript in your Internet browser and enabled the acceptance of cookies as these technologies are required for the service.
  6. As a user, REFU Elektronik grants you a simple, non-exclusive right of usage within the scope of the technically functional framework specified by REFU Elektronik for the REFUdesign service and its functions. This right of usage is freely revocable by REFU Elektronik at any time.

III. Copyright

  1. The REFUdesign service is subject to property rights and contains confidential information that is protected by legal regulations, in particular those relating to the protection of intellectual property.
  2. The REFUdesign service may only be used in the offered form. Any changes to the program code, in particular for the purpose of planning photovoltaic systems with other inverters, are prohibited.

IV. Misuse of the REFUdesign service

    REFUdesign
  1. The misuse of REFUdesign is explicitly prohibited. The following shall, in particular, be prohibited:
    • the publication or disclosure to third parties of the username and/or password without the prior written approval of REFU Elektronik,
    • the access of the REFUdesign service in any manner other than that intended by REFU Elektronik on the website www.refu-design.de,
    • the modification of the REFUdesign service via any means other than the technical configuration options intended by REFU Elektronik,
    • the use of the REFUdesign service for any purposes other than those technically intended,
    • the impairment of the REFUdesign service in any other manner, in particular hacking the service or subjecting it to brute force or DoS attacks,
    • the access of other users’ data (in particular personal data).
  2. If you suspect that a third party may be misusing your user account, you as a user have a duty to immediately notify REFU Elektronik.
  3. Actions by the user in breach of the contract shall entitle REFU Elektronik to immediately terminate the right of use without notice and to claim for damages.
  4. The user must ensure that the data entered into the REFUdesign service does not infringe any laws, regulations or third-party rights. In the event of an infringement against the above or against other provisions of these Terms and Conditions of Use, the user must indemnify REFU Elektronik against any claims from third parties or official authorities arising from or directly relating to the infringement and reimburse REFU Elektronik for all damages caused by the infringement. The indemnifiable damages shall also include all reasonable costs (including legal costs) incurred by REFU Elektronik due to judicial or extrajudicial proceedings brought against REFU Elektronik by third parties as a result of content posted by the user and/or other legal infringements by the user, including the infringement of the user’s contractual obligations.

V. Modification and termination of the service

  1. REFU Elektronik is under no obligation to provide the free REFUdesign service. This can be temporarily or permanently restricted or discontinued by REFU Elektronik at any time. REFU Elektronik shall inform the user of this immediately. Conversely, users are also entitled to cease using the service at any time.
  2. REFU Elektronik is furthermore entitled to make technical modifications to the REFUdesign application at any time, in particular to add or remove individual functions or features and to delete the REFUdesign database in whole or in part. REFU Elektronik shall inform the user of this immediately.
  3. The usage agreement can be terminated by either party at any time in writing without specifying reasons and without a notice period. Termination by letter, fax or e-mail shall in particular be valid. Termination notices by the user must be addressed to one of the REFU Elektronik contact addresses provided in the preamble above. Termination notices by REFU Elektronik must be addressed to one of the contact addresses provided by the user during registration or later updated by the user.
  4. REFU Elektronik reserves the right to delete accounts that have not been used in six months one month after providing a written notification.

VI. Modifications to these Terms and Conditions of Use

  1. REFU Elektronik reserves the right to modify and adapt these Terms and Conditions of Use at any time, in particular as a result of changing legal requirements or to consider functional modifications to the service. REFU Elektronik shall inform the users about the modifications to the Terms and Conditions of Use in writing using one of the contact addresses specified by the user during registration.
  2. Users who do not agree with the modified Terms and Conditions of Use must stop using the service. On using the service for the first time after being informed about the modification to the Terms and Conditions of Use, the new Terms and Conditions of Use shall be regarded as accepted and shall apply between the user and REFU Elektronik.

VII. Disclaimer and responsibility for information

  1. REFU Elektronik does not accept any liability for the availability of the free REFUdesign service or the accuracy, completeness, up-to-date nature, quality or usability for the purposes intended by you as a user of the data presented in the REFUdesign service. The data used by the REFUdesign service will be updated at regular intervals. Despite this, deviations from the latest module data may still arise as these products are continually modified by their manufacturers. In particular in view of this being a free service, we are unable to accept any liability for the up-to-date nature and accuracy of the data used by REFUdesign. We there recommend that you check the data provided for the modules against the manufacturer’s data. Please inform us of any deviations you find so that we can continually improve this service.
  2. We furthermore accept no liability for any solar radiation data incorporated into the service. Where available, this shall solely act as basic information for our customers. In providing this data, we rely on the information offered by other service providers. Before making an investment, we recommend that our customers check the solar radiation themselves.
  3. If the REFUdesign service links to other providers’ websites (e.g. in relation to weather data), we hereby expressly distance ourselves from the content provided by the respective service provider. We have no influence over the current website content and design of other service providers. The responsibility for the content of linked websites lies solely with the operator of the respective site, who also holds sole liability for this content.
  4. If users of the REFUdesign service publish their own data within the scope of the service, said users shall be solely responsible for this data. If we become aware that a REFUdesign user has infringed upon the rights of a third party by publishing the data, we shall take steps to delete the disputed data to the extent permitted by law.
  5. Although REFU Elektronik obviously constantly endeavours to avoid errors, as a user you acknowledge that completely error-free information technology products, in particular computer programs, are not possible.
  6. REFUdesign solely acts as an initial source of information for REFU Elektronik customers for planning purposes and is not suitable for invoicing purposes, for providing evidence as a comparison against other network operators or for other uses that require precise, reliable, quality-approved or up-to-date data.

VIII. Liability

  1. REFU Elektronik shall be liable in accordance with legal regulations if a user makes claims for damages on the basis of wilful intent or gross negligence, including wilful intent or gross negligence by legal or other representatives, employees or agents of REFU Elektronik.
  2. REFU Elektronik shall furthermore be liable in accordance with legal regulations if REFU Elektronik or its legal or other representatives, employees or agents culpably breach a major contractual obligation (cardinal obligation). In this case, however, the liability for damages shall be limited to the foreseeable damages which typically occur.
  3. The liability on the grounds of culpable loss of life, personal injury or damage to health caused by the legal or other representatives, employees or agents of REFU Elektronik shall remain unaffected; this shall also apply to the liability mandated by the German Product Liability Act and in the event of any infringement of guarantees provided by REFU Elektronik.
  4. Unless otherwise specified above, REFU Elektronik’s liability is excluded.

IX. Final provisions

  1. There are no verbal supplementary agreements to these Terms and Conditions of Use.
  2. Unless these Terms and Conditions of Use specify deviating provisions, REFU Elektronik’s General Terms and Conditions of Delivery shall apply.
  3. These Terms and Conditions of Use and the use of the REFUdesign service are exclusively subject to German law with the exclusion of the conflict of law provisions.
  4. Stuttgart shall be the sole place of jurisdiction for disputes arising from or in connection with the use of REFUdesign and/or these Terms and Conditions of Use providing you as a user are a business person, a legal person under public law or a specially-funded body under public law and no other sole place of jurisdiction for the dispute is stipulated by law.

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