These Terms and Conditions (the 'Terms') govern your use of the Solargis Satellite-based Performance Ratio Service, a remote web-based solar energy assessment service (the 'Service'), provided via the SolarEdge Monitoring Portal. As used herein, the terms “SolarEdge” “us”, “we” or “our”,refer to SolarEdge Technologies Ltd., and its affiliated entities; Solargis s.r.o (“Solargis”) is an independent contractor. The terms “you” or “your” means the person or entity that has purchased, accessed, uses or licensed the Service and accepts these Terms (the 'Customer').
Service Agreement
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 these Terms. Customers are responsible for their own actions in connection with the “Service”.
Scope of Service
Provided Your payment of the Service Fee, SolarEdge hereby grants You a non-exclusive, non-transferable, limited sub-license right to use the data generated from the Service (the “Service Data”) for your own personal use. The Service or the Service Data may not be used for commercial or public distribution, nor may it be sold, rented, leased, published, posted, lent, assigned, timeshared, or transferred in whole or in part; You may not provide access to the Service or the Service Data to any third parties. You agree to indemnify us for any claims brought by third parties as a result of your violation of the Terms.
Service Pre- Requisite
Please note that Service will only be available if You have connected the Products to the SolarEdge Monitoring Portal prior to purchasing the Service and fully paid the Service Fee.
Service Fees
General access to the Service shall be made available upon payment of an annual subscription fee at such rate set forth below:
for commercial sites US$ 99/ year or EUR€ 84/ year or ILS₪ 386/ year, plus any applicable tax, if any. (set –up fee of US$ 60 or EUR€ 51 or ILS₪ 234 non-refundable; Solaredge is not responsible for the customer’s bank fee related to the refunds) (the “Service Fee”). Payment shall be effected in full upon registration. SolarEdge maintains the right to change such annual subscription fee upon renewal of the yearly Service.
The service shall be available in the Monitoring Platform within 2 business days of Service’s purchase.
Geographical Coverage
The most updated geographical coverage of the Service is available at: http://solargis.com/products/api/data-delivery-web-service/tech-specs/ and may vary from time to time. Please consult the Solargis website regularly.
NOTE: In the event a Customer is attempting to purchase the Service in a country that is not covered, Customer will be notified and will not be able to complete the purchase.
The form and nature of the Service may change from time to time without prior notice to the Customer.
Accuracy
Information about Solargis accuracy is available at:
http://solargis.com/support/knowledge-base/accuracy/combined-uncertainty/ and http://solargis.com/products/pvspot/overview/
No Warranties
SOLAREDGE, AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICE AND THE SERVICE DATA, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SERVICE ACCURACY, SERVICE TECHNICAL SPECIFICATION, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT AND/OR QUIET ENJOYMENT OR THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. YOU ARE AWARE THAT THE SERVICE MAY BE INTERRUPTED FROM TIME TO TIME. SOLAREDGE DOES NOT PROVIDE ANY WARRANTIES TO SERVICE’S CONTINUOUS AVAILABILITY, ITS CREDIBILITY, ACCURACY OR RELIABILITY. THE SERVICE MAY ALSO BE OCCASIONALLY SUSPENDED OR RESTRICTED TO ALLOW FOR REPAIRS, MAINTENANCE, OR THE INTRODUCTION OF NEW FUNCTIONALITIES OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND AT CUSTOMER’S OPTION AND RISK AND NONE OF SOLAREDGE, NOR ITS AFFILIATES MAKE ANY GUARANTEE IN CONNECTION WITH THE SERVICE OR THE RESULTS OF USING THE SERVICE.
Limitation of Liability
SOLAREDGE OR ANY OF ITS AFFILATE’S LIABILITY TO THE CUSTOMER FOR DIRECT DAMAGES ARISING OUT OF THE SERVICE SHALL BE LIMITED TO THE YEARLY AMOUNT PAID BY CUSTOMER TO SOLAREDGE FOR THE SERVICE, PROVIDED A NON-APPEALBLE COURT ORDER IS GRANTED AGAINST SOLAREDGE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT SHALL SOLAREDGE NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, DOWNTIMES OF THE SERVICE, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You shall indemnify, defend and hold harmless SolarEdge its officers, employees and agents from and against any and all claims, actions, damages or injuries of any kind and nature arising out of any cause or event which is directly attributable to your use of the Service or Service data in breach of the Terms.
Support
You may contact SolarEdge support at https://www3.solaredge.com/service/support.
In the event of maintenance activities performed by SolarEdge to software or associated IT infrastructure should require the Service’s shut down for longer periods of time, Customer shall be informed thereon in advance, and respective decommissioning shall benefit to the Customer.
Password
You agree to protect your password (“Password”) to prevent unauthorized access to the Service 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 Product data or function. You may not provide your User ID Password to any other individual. SolarEdge is not liable for any loss or damage arising from your failure to comply with the above requirements.
End of Service
SolarEdge may withdraw the Service at its sole discretion and at any time upon reasonable notice to you.
SolarEdge may also terminate the Service with immediate effect and without any reimbursement if the Customer has breached any provision of these Terms; or (ii) is required to do so by law.
Miscellaneous
- The Terms and Conditions of SolarEdge website apply in addition to these Terms (available at: https://www.solaredge.com/content/terms-conditions
- The Terms and Conditions of SolarEdge Monitoring Portal apply in addition to these Terms (available at: https://monitoring.solaredge.com/solaredge-web/p/license?locale = en_GB)
- The Privacy Policy terms of SolarEdge apply in addition to these Terms (available at: https://www.solaredge.com/privacy-policy)
- In the event of conflict between the Terms and the aforementioned SolarEdge Terms and Conditions, the Terms shall prevail.
- All claims arising out of or relating to the Terms will be governed by California law, excluding California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA; the Customer consents to personal jurisdiction in those courts.
November 2017
SolarEdge Technologies Inc. © All Rights Reserved