SolarEdge PV Self-Consumption Simulator Application
Terms and Conditions
These Terms and Conditions (the 'Terms
') set forth the terms and conditions that govern your use of the SolarEdge PV Self-Consumption Simulator Application, a calculator which estimates your household self-consumption with and without the StorEdge Interface and accompanying battery (the 'Service
').. As used herein, the terms us, we or our refer to SolarEdge Technologies Ltd., affiliated entities or a division thereof ('SolarEdge
'), and any agent, independent contractor, designee or assignee that SolarEdge may, at our sole discretion, involve in the provision of the Service. The terms you or your means the person or entity that is accessing or using the Service (the 'User').
This is a legal agreement. When you use or access, or permit any other persons or entities to use or access the Service, you agree to the terms and conditions of these Terms, We may amend or change these Terms (by imposing applicable fees or service charges) from time to time, under our sole discretion, by posting the updated terms on the SolarEdge website, Google Play or the App Store as applicable (the 'Site'). Please access and review these Terms regularly. If you find these Terms (including any amended provisions hereof) unacceptable to you at any time, you may discontinue your use of the Service. Your use of the Service after we have made such changes available will be considered your agreement to the change. If we make material amendments or changes to these Terms, the amended Terms will be posted on the Site for your acceptance or confirmation, and you will be required to accept or confirm such changes prior to your continued use of the Services.
The Service is an online resource that provides a simulation of the energy that can be generated from a residential PV system and the potential self-consumption levels of such PV system before and after adding a storage solution. All of the data displayed by the Service is an estimate only, based on data inputted by the User, aggregated pools of information available to SolarEdge derived from average rates of consumption per region, general consumption patterns and the information you provide concerning the size and location of a PV system. By using the Service, you acknowledge that it provides estimations only and is not based on a system’s actual performance. The data provided by the Service should not be considered as a guarantee for the performance of an actual PV system or its self-consumption capabilities. SolarEdge shall not be responsible or liable for any discrepancies between the data provided by the Service and the performance of an actual PV system. For actual real time data regarding your PV System’s performance, please refer to the SolarEdge Monitoring Portal.
SolarEdge and its licensors own the Services, including all worldwide intellectual property rights therein. We grant to you, for your personal or internal business purposes only, a non-exclusive, limited, revocable and non-sub licensable right to access and use the Service. You agree not to use the Service for any other purpose, without limitation for commercial purposes, and in no event may you directly or indirectly engage in co-branding, framing, linking or reselling any portion of the Services without our prior written consent. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services.
Access and Internet Services
You may access the Service by using a mobile device. You acknowledge that we are not responsible for notifying you of any upgrades, fixes or enhancements to or for, providing technical or other support for any mobile device or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. We make no endorsement of any specific mobile device. Your use of any mobile device may also be subject to the license agreements, and you are solely responsible for complying with any such agreement's terms in addition to the provisions of these Terms.
You are additionally responsible for obtaining Internet services via the Internet Service Provider (ISP) of your choice, for any and all fees imposed by such ISP and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the Internet, and you hereby expressly assume such risks (to the extent the law allows you to do so). You acknowledge that you have requested the Service for your convenience, have made your own independent assessment of the adequacy of the Internet as a delivery mechanism for accessing information and initiating instructions, and that you are satisfied with that assessment. We are not responsible for any Internet access services, or for any security, corruption, transmission error and access availability risks associated with use of the Internet.
The Services contain graphical works, applications and other materials of SolarEdge (the 'SolarEdge Content'). The SolarEdge Content is protected by copyright, trademark, patent, trade secret and other laws, and SolarEdge owns and retains all of its rights in the SolarEdge Content and the Services. Except as expressly permitted herein or by applicable law, you may not, directly or indirectly, copy, further develop, reverse engineer, reproduce, republish, download, post, broadcast, transmit or otherwise use the SolarEdge Content.
Certain third-party data or other information may be provided by the Site or the Service ('Third Party Content'). SolarEdge is not responsible for any incorrect or inaccurate Third Party Content posted on or made available through the Site or in connection with the Service. Third Party Content may contain links to other websites. SolarEdge is not responsible for the content, accuracy or opinions expressed on by the Third Party Content or through such linked websites, and such Third Party Content and linked websites are in no way investigated, monitored or checked for accuracy or completeness by SolarEdge.
To prevent unauthorized access to your data and to prevent unauthorized use of the Service, you agree to protect and keep confidential your User ID and Password used to access the Service ('Password'), or other means of accessing data or information via the Service. The loss, theft or unauthorized use of your User IDs and Passwords could result in corruption or loss of your Unit data. You may not provide your User ID and Password to any other individual. If you disclose your User IDs or Passwords to any persons or entity, you assume all risks and losses associated with such disclosure. If you permit any other person or entity to use the Service or to access or use your User IDs, Passwords or other means to access your data, you are responsible for any activities performed and for any use of such data by such persons or entities. We may at our option change the parameters for the Password without prior notice to you, and if we do so, you will be required to change your password.
You may choose to receive certain notifications regarding the Service. Such notifications will be sent to you electronically to the email address that you provide when you register for the Service or another email address that you may specify. You agree that by using the Service, all notices or other communications which we may be required to give you arising from our obligations under these Terms or the Service may be sent to you via the email address that you provide when you register for the Service or another email address that you may specify. In addition, you consent to receiving electronic communications from us including, without limitation, promotional communications or other materials we believe may be of interest to you. If you do not desire to receive these communications, you may opt out from receiving these communications by notifying us by email at email@example.com.
We may from time to time introduce new features to the Service or modify or delete existing features under our sole discretion. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the rules concerning these features.
General access to the Service is currently provided to you at no additional cost. You acknowledge that SolarEdge reserves the right to charge for providing access to the Service in the future, and may change its fee schedule from time to time under its sole discretion.
Limitation of Liability - No Warranties
EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, SOLAREDGE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE MOBILE DEVICE, ACCESS TO OR USE OF THE SERVICE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, VIRUSES, TROJAN HORSES, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS OR INAVAILABILITY OF THE SERVICE, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. SOLAREDGE SHALL NOT BE LIABLE FOR ERRORS IN THE SERVICE, INCLUDING THE INACCURATE OR MISSING MEASUREMENT OF DATA BY THE SERVICES.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN AS IS, WHERE-IS AND WHERE AVAILABLE BASIS.
YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
Other Agreements and Obligations
In addition to these Terms, you agree to be bound by and comply with such other written requirements as we may furnish to you in connection with the Service and with all applicable domestic and foreign laws and regulations.
We may terminate or suspend these Terms, or terminate, suspend or limit your access privileges to the Service, in whole or part, at any time for any reason, with or without notice. Users acknowledge that the Service may be suspended for reasons beyond the control of SolarEdge. SolarEdge shall have no liability for any temporary suspension or permanent discontinuance of the Services and SolarEdge shall have no responsibility to provide Users with advance notice of such suspension or discontinuance.
You acknowledge and agree that you are personally responsible for your conduct while using the Service and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees) that we may incur in connection with a third-party claim or otherwise, in relation to your use of the Services or the use of the Services by anyone using your User ID or Password or your violation of these Terms or the rights of any third party (including, but not limited to, privacy rights). Your obligations under this paragraph shall survive termination of these Terms.
If any User ID or Password we provide to you is provided to you as a representative of the User registered with the Service, it may not be retained by you after any termination of your relationship with such User. You agree to inform us immediately if a person with access to a Password leaves the employ of the entity to which that Password has been assigned.
Open Source Software
Certain items of independent code that are included with the Software hereunder are subject to various open source or free software licenses (the “Open Source Software”). The Open Source Software listed on Appendix A, as such may be updated from time to time by posting to the Site or by notice to you, is licensed under the terms of their respective end-user licenses. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the applicable end-user license for such Open Source Software. The terms of this Agreement, other than the Disclaimer and the Limitation of Liability, will not apply to the Open Source Software. You also agree not to use any “FOSS” (Free and Open Source Software, as defined below) in such a way that would cause the non-FOSS portions of the Software to be subject to any open source software licensing terms or obligations. "FOSS" means any software that is subject to terms that, as a condition of use, copying, modification or redistribution, require such software and/or derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge, including without limitation software distributed under the GNU General Public License, Affero GPL, or Lesser/Library GPL.
Choice of Law/Successors - Waiver - Severability
These Terms and their enforcement shall be governed by the laws of the State of Israel, without regard to any choice of law provision, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation or otherwise. If you access this site from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of this Site. We will not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. If any provision of these Terms conflicts with the law under which these Terms are to be construed or if any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of these Terms and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
Open Source Software: