Area of Application
Use and Registration / Use for Third Parties
- 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.
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.
- 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.
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.
- 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).
- 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.
- 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.
Changes to the Website Content
- 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.
- 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.
User’s Own Content
Insofar as users posting their own content on the website is allowed, the following applies:
- 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.
- 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.
References and Links
Insofar as the website contains links or references to third-party websites, the following applies:
- 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.
- 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.
Statutory Warranty and Liability
- SMA assumes no liability for the accuracy, timeliness, correctness, completeness or quality of the information and services provided.
- 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.
- 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.
- 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.
Data Protection and Cookies
Niestetal, March 2014
SMA Solar Technology AG
© SMA Solar Technology AG | Version: 2.0