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Terms of service

Last updated: July 31, 2024

INTRODUCTION

  • Please read the Terms of Service (hereinafter “Terms”) before starting to use the https://www.dercoord.org website (hereinafter “Website”, “Platform”) operated by DERCoord OÜ (hereinafter “we”, “us”, “our” and/or “DERCoord”).
  • User (hereinafter “Regular User”, “you”) is an individual or a legal entity (hereinafter “Business User”, “you”) who has DERCoord´s account and has logged in accordingly and consumes the information and services we have made available via our Website (further defined below).
  • Please note that from the first moment you start using your DERCoord´s account (hereinafter “Account”) and our services (hereinafter “Service”), you agree to be bound by these Terms and any other documents expressly referred to herein. By doing this you agree that you have read, understood and accepted these Terms. We reserve the right to amend these Terms from time to time, please check these Terms to ensure you understand the Terms, which will apply at that time.

1. DEFINITIONS USED IN THIS TERMS

  • 1.1 User Account / Account - means DERCoord´s user profile which is created automatically, once Regular User or Business User is logged in to Website.
  • 1.2 Power Inverter – Power inverter owned by User.
  • 1.3 Router / Router device – DERCoord's customized router device you can connect to your Power Inverter. Sends Power Inverter data to DERCoord platform and manages Power Inverter configuration. These terms do not cover buying, selling and warranty of the Router device.
  • 1.4 Site – means collection of DERCoord's managed router device(s) that are connected to your Power Inverter(s).
  • 1.5 Sites Account / Billing Account – collection of Sites managed by one or multiple User Accounts.
  • 1.6 dercoord.org – means Website/Platform for analysing, managing and logging power consumption data and settings of your Power Inverters connected to our Router(s).
  • 1.7 DERCoord services - means all the services provided by DERCoord (see clause 3).
  • 1.8 Regular User – means individual who uses DERCoord Platform.
  • 1.9 Business User – means legal entity who uses DERCoord Platform.
  • 1.10 User – Either Regular User or Business User
  • 1.11 Third party – means individual or legal entity who is not Regular User or Business User;

2. INFORMATION ABOUT US

  • 2.1 We operate the website https://dercoord.org. We are DERCoord OÜ (registry code16929086), a company registered in Estonia, Harju county and with registered office at Kakumäe tee 17b, Haabersti linnaosa, 13516 Tallinn, Harju maakond.
  • 2.2 To contact us, you can send us an email to info@dercoord.org.

3. SERVICE

  • 3.1 Only adult individuals and legal entities may register to use the Service (as defined below) with full administrative privileges. Use of the Service by anyone under age 18 must be done so under adult supervision. Our Service is intended for the use by all adult individuals and legal entities. The adult registering the Account is responsible for obtaining permission of a parent or guardian of any users under 18 who use the Service.
  • 3.2 Service. We provide services of collecting, analysing and managing power consumption data and settings of your Power Inverters connected to our Router(s). This includes by proxy the devices connected to your Power Inverter. The goal of the service is to provide a solution in such a way that it enables the User to get the maximum monetary benefit from the production and consumption of electricity at the Site of power consumption.
  • 3.3 Connecting Power Inverter to DERCoord platform using DERCoord's provided router:
    • 3.3.1 DERCoord customized Router device is provided or sold by DERCoord.
    • 3.3.2 To use DERCoord services the Router device has to be connected to Power Inverter and registered under your Account on DERCoord platform by the User. User has to provide DERCoord platform correct information about Power Inverter and connected devices configuration.
    • 3.3.3 By registering Router device on DERCoord platform you thereby agree to give DERCoord control over data and settings of your Power Inverter. This data and settings also includes devices connected to the Power Inverter, which may include:
      • Solar panels;
      • Battery;
      • Other devices connected to the Power Inverter;
  • 3.4 Collecting, keeping track of and analyzing Power Inverter data via the Service:
    • 3.4.1 User can view and analyze data collected about their Site(s) power consumption and production on DERCoord platform. Collected data is private and will not be shared with third parties without user's consent. Aggregated anonymized data over all Sites may be used by DERCoord for showing statistics publicly or shared with third parties. DERCoord does not guarantee accuracy of collected User's Site power consumption and production data.
    • 3.4.2 User has an option, but not obligation to give additional information (e.g. solar panel(s) location, electricity contract information, electricity network service information, etc.) to improve the capabilities to view and analyze information on DERCoord platform.
    • 3.4.3 User may opt in to share their Power Inverter data and settings with third parties.
  • 3.5 Managing the settings of Power Inverter(s) via the Service:
    • 3.5.1 User can manually change selected Power Inverter settings via the Service.
    • 3.5.2 User may opt in to use automated timed Power Inverter settings provided by the Service. DERCoord strives to gain, but does not guarantee, monetary benefit to User by using our Services.
    • 3.5.3 User may opt in to give control over their Power Inverter configuration through DERCoord platform to third parties. Our Terms do not cover third party Terms of Service.

4. ACCOUNT(S) and USE OF OUR WEBSITE

  • 4.1 Your use of our Website is governed by our Terms. Please take the time to read these, as they include important obligations/rights, which apply to you.
  • 4.2 We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read this, as it includes important obligations/rights, which apply to you.
  • 4.3 You may start using our Service once you have logged in to our Website and then the DERCoord Account is created for you automatically.
  • 4.4 When your Account is created for you (see clause 4.3), you must provide us information that is accurate, complete, current at all times and you will safeguard your Account information and will supervise and be completely responsible for any use of your Account by anyone other than you. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on our Website.
  • 4.5 You agree not to disclose your Account related information to any third party. You must notify us immediately to our contact e-mail info@dercoord.org upon becoming aware of any breach of security or unauthorized use of your Account.
  • 4.6 You must notify us immediately to our contact e-mail info@dercoord.org if you have any reservations regarding spam, offensive and misleading content, potential scammer, copyright violation, hacking etc.

5. PROHIBITED USES

  • 5.1 You may use our Website only for lawful purposes. You may not use our Website:
    • 5.1.1 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
    • 5.1.2 To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
    • 5.1.3 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • 5.2 You also agree:
    • 5.2.1 Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms.
    • 5.2.2 Not to access without authority, interfere with, damage or disrupt:
      • 5.2.2.1 Any part of our Website;
      • 5.2.2.2 Any equipment or network on which our Website is stored;
      • 5.2.2.3 Any software used in the provision of our Service through the Website; or
      • 5.2.2.4 any equipment or network or software owned or used by any third party.

6. OWNERSHIP. INTELLECTUAL PROPERTY

  • 6.1 You agree and acknowledge that all intellectual property rights, including, without limitation, copyrights, patents, trademarks, trade secrets, text, graphics, logos, icons, images, in the Service, Website is the property of DERCoord and its licensors. DERCoord hereby grants you and all other a limited, non-exclusive, non-transferable, license to use the Service for your own personal or business purposes. You may not use, copy, distribute, modify or create derivative works from, or disclose, display, transmit, or post any portion of the Service for any purpose. Unless otherwise expressly set forth in writing, your use, access, possession of the Service, Website does not grant to you or any third party any rights, title, or interest in or to such intellectual property rights. DERCoord reserves all intellectual property rights not expressly licensed under these Terms to itself and its licensors.

7. POWER INVERTER DATA, SETTINGS AND USER INFORMATION

  • 7.1 DERCoord only offers access to Website and Service, and is not in any way liable for neither the accuracy of data nor the results of Power Inverter settings managed by DERCoord.
  • 7.4 You agree that you will not knowingly and with intent to defraud to provide misleading information/data. You represent and warrant that the information you provide do not violate these Terms.

8. DISCLAIMER OF WARRANTIES

  • 8.1 The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, DERCoord makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service in terms of its correctness, accuracy, reliability, fitness for particular purpose or otherwise. DERCoord shall have no liability for any interruptions in the use of the Service. DERCoord disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may not apply to you.

9. LIMITATION OF LIABILITY

  • 9.1 DERCoord shall not be liable for any monetary damages resulting from use of the Service by you. Furthermore, DERCoord shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any use of the Service or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if DERCoord has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may not apply to you.

10. INDEMNIFICATION

  • 10.1 You will indemnify and hold DERCoord (and its affiliates, subsidiaries, licensors and suppliers, and DERCoord’s and its respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, your improper use of the Service, infringement by any Regular User/Business User of any intellectual property or other rights of any person or entity, or your breach of any law or the rights of a third party.

11. MODIFICATIONS AND INTERRUPTION TO SERVICE

  • 11.1 DERCoord reserves the right to modify or discontinue the Service with or without notice to any Regular User/Business User. DERCoord shall not be liable to any person should it exercise this right. You acknowledge and accept that DERCoord does not guarantee continuous, uninterrupted or secure access to our Service and operation of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

12. THIRD-PARTY SITES AND APPLICATIONS

  • 12.1 Our Service (including the Website) may include links to other websites, applications on the Internet that are owned by third parties. We are not responsible for the availability of, or the content located on or through, any third-party website or application. We do not warrant, guarantee, or assume any responsibility for any product or service advertised or offered by a third party through or in connection with the Service, Website, including without limitations, third party products and services, applications or any hyperlinked websites or services, and DERCoord will not be party to or in any way monitor any transactions between you and third party. Your use of third party services, websites, applications may be subject to third party terms of use or license terms.

13. GOVERNING LAW AND JURISDICTION

  • 13.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your countryCode of residence.
  • 13.2 If a dispute arises between you and us, please contact us info@dercoord.org first and notify us about any claims or disputes you may have regarding these Terms or the Service provided by us. In the event you and DERCoord fail to resolve the dispute or claims by way of amicable negotiations, you and DERCoord, to the extent permitted by applicable law, hereby irrevocably submit to the jurisdiction of Harju County Court, Tallinn, Estonia. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your countryCode of residence.

14. CHANGES TO TERMS

  • 14.1 We reserve the right to make changes to the Service, Website or these Terms and any linked documents at any time. We will notify you of the changes. Unless otherwise notified by us, the changes will take effect as of the moment we have notified you of the changes or uploaded or made available the amended content. By continuing to access or use the Service after the changes will take effect, you agree to be bound by the revised version of Terms or other revised documents. If you do not agree to the changes, please stop using the Service and Website.

15. TERM AND TERMINATION

  • 15.1 These Terms will remain in full force and effect as long as you continue to use or access the Service or Website, or until terminated in accordance with the provisions of this section.
  • 15.2 DERCoord may terminate your Account and your right to use the Service for any reason at any time. DERCoord may in its sole discretion, but is not obligated to notify you prior to such termination. DERCoord shall not be liable to any Regular User/Business User or other party for such termination. DERCoord reserves in its sole discretion the right to delete or save any Regular User/Business User content upon such termination.

16. OTHER TERMS

  • 16.1 Waiver and Severability. No failure or delay by DERCoord to exercise any right or provision provided under these Terms or by applicable law shall constitute a waiver of that or any other right or provision, nor shall it preclude or restrict further exercise of that or any other right or provision. No single or partial exercise of such right or provision shall preclude or restrict the further exercise of that or any other right or provision. If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent requires, be deemed not to form part of these Terms, and the validity and enforceability of the other provisions of these Terms shall not be affected.
  • 16.2 Entire Agreement. These Terms, together with any linked documents, including Privacy Policy, constitute the whole agreement between you and DERCoord and supersede all previous agreements between you and DERCoord relating to its subject matter.
  • 16.3 Assignment. These Terms are personal to you and you shall not without the prior written consent of DERCoord (such consent not to be unreasonably conditioned, withheld or delayed) assign or in any other way transfer these Terms or any of the rights and obligations under these Term to a third party.
  • 16.4 Copyright/Trademark Information. Copyright © 2024, DERCoord OÜ. All rights reserved. All trademarks, logos, and service marks displayed on the Service or Website are the property of DERCoord or their respective holders. You are not allowed to use any of the trademarks, logos, and service marks without the prior written consent of DERCoord or respective holders of such trademark, logo, or service mark.
  • 16.5 Notices. A notice or other communication given by you to DERCoord under or in connection with these Terms or the Service provided by DERCoord shall be (i) in writing or in a format which can be reproduced in writing (e.g. e-mail); (ii) in the English language or accompanied by a properly prepared translation into English; (iii) delivered personally or sent by e-mail or sent by courier. The address for delivery of a notice or other communication is set forth in clauses 2.1 and 2.2 of these Terms.
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