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本页未翻译。您正在浏览的是英文版本。

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1. GENERAL INTRODUCTION

 

1.1 Basic information

Thank you for visiting our websites: solargis.com, which we consider being our home page (hereinafter the “Home Page”) and solargis.info and apps.solargis.com where you can access our online applications and tools offering solar and meteorological data and services (hereinafter the “Apps Page”) and together as “Websites”.

The Websites are operated, and services as defined hereinafter are provided by Solargis s.r.o., a company incorporated under the Laws of the Slovak Republic and recorded by companies’ registry of City Court Bratislava III; Section: Sro; File No.: 62765/B,  Identification Number: 45 354 766. The registered address of the company and the main place of business is at Bottova 2A, 811 09 Bratislava, Slovakia (hereinafter as the ”Solargis“ or “We”).

These Website Terms of Use shall govern everyone’s use of our Websites in general, restrictions, the services offered for free (hereinafter the ”Fundamental Rules“) and the registration and customer account creation necessary for accessing Solargis paid services (hereinafter as “Registration and Customer Account Rules”). These Website Terms of Use are connected with the Solargis Privacy Policy (hereinafter as “Privacy Policy”) available at https://solargis.com/legal/privacy-policy.

Solargis operates in B2B business, and our business counterparties are all commercial enterprises - registered legal entities running business, physical persons entrepreneurs and non-commercial institutions.

1.2 Overview of Solargis services and access to them

We offer the following services on our Websites (hereinafter referred to as “Services”):

a) Online application/s offering different tools and functionality concerning solar and meteorological data and services (referred to as “Online App”);

b) Solar, meteorological and other related data from Solargis database© (referred to as “Data”);

c) Webservices such as API, FTP or similar providing secured access to Data or other Services as the case may be (referred to as “Online Service”)

d) Software (including software licenses); and

e) Other commercial services, such as consultancy services, additional data or data delivery services.

We also provide some free online Services, such as free maps or GIS data for the download. Occasionally, and at our sole discretion we can offer to our Customer free trials of Online Apps, Data or of Software or beta testing of new services or features (hereinafter together as “Free Services”).

Anybody can browse our Websites free of any charges, subject to observation of Fundamental Rules (hereinafter as ”Visitors“). For most of the Services (whether paid or unpaid) it is necessary to establish a simple User Account registration (as defined in Section 3.1 hereinbelow) and such account holder is considered as registered user (“Registered User”) coming from business or academic environment.

We consider as our customer such business entity which has successfully established a Customer Account (as defined in Section 3.3 hereinbelow) at Apps Page in the view of ordering paid Services (hereinafter as the “Customer”) whether online or based on acceptance of Solargis business offer.

Prior to accomplishment of any online order of paid Services each Customer must accept our General Sales Terms (hereinafter also as the “GST”), or accept the terms and conditions included in the Solargis business offer based on mutual communication with the Customer (“Offer”).

YOU (Visitor, Registered User or Customer) ACKNOWLEDGE AND AGREE THAT BY USING OUR WEBSITES,  INCLUDING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY AND HEREBY CONSENT TO THESE WEBSITE TERMS OF USE AND ACKNOWLEDGE THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE WEBSITE TERMS OF USE, THEN YOU MAY NOT USE OUR WEBSITES, NOR ANY OF THE SERVICES OFFERED THEREIN.

FOR PAID SERVICES PLEASE SEE ALSO THE GST  https://solargis.com/legal/general-sales-terms

 

2. FUNDAMENTAL RULES

2.1 General

Visitors, Registered Users and Customers

  • Must fully comply with all applicable laws and instruments which govern the use of our Websites, including those specific laws applicable to them in any of their geographical locations;
  • Are solely responsible and liable for any unauthorized use of our Websites and respective negative consequences, as the case may be.

2.2  Our intellectual property on the Websites

The rights, title and interest in and to the copyrightable materials or any other content (including any downloadable software as the case may be) on the Websites, which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, software, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the Websites, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered) (collectively, “Intellectual Property” or “IP”) and any derivations thereof, are owned by and/or licensed, whenever applicable, by Solargis.

In particular, among others, Solargis holds the proprietary authorship rights to the Solargis software and the database© containing the Data, Solargis web design and other databases, the Software and Online Apps in the actual and any previous versions[1]. It means Solargis is the only legal entity entitled to decide on the manner and scope of use of such works by a third party.

Solargis is an owner of the domain name solargis.com and derivatives such as apps.solargis.com, or solargis.info, which are used for the Websites and in electronic communication. The designation „Solargis“ (being also the part of the business name of the company Solargis, denomination of current Websites and mail correspondence) represents the registered trademark which is protected internationally.

Domain names and registered trademarks are protected by international instruments, so Visitors, Registered Users and Customers are not allowed to use them elsewhere (either in identical or similar form) without written permission of Solargis. 

The Websites are not allowed to be used in any way that causes, or is likely to result in the interruption, damage or impairment of the Websites in any form.

2.3 Restrictions in Websites use and related content

In particular Visitors, Registered Users and Customers cannot:

  • Copy, modify, create derivative works, download (except such content which is expressly designated for download in accordance with its terms and conditions), adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Websites, Services or any content thereof (hereinafter as “Websites Content”) or third party content in Websites for use and display within your web sites and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Solargis prior written and specific consent and/or as expressly permitted under these Website Terms of Use;
  • Submit, transmit or display any Websites Content created by or belonging to Solargis, or use it in a context, which may be deemed as defamatory, libellous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Solargis or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
  • Publish and/or make any use of the Websites Content on any website, media, network or system other than those accepted by Solargis, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Websites or Websites Content, (or any part thereof), except as expressly permitted by Solargis, in advance and in writing;
  • Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Solargis database©, Data, Websites Content (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the foregoing to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Websites;
  • Use the Websites and/or Services in abusive manner, violating Solargis´ fair use policy;
  • Act in a manner which might be perceived as damaging to Solargis’ reputation and goodwill or which may bring Solargis into disrepute or harm;
  • Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Solargis or any third party endorses you, your web site, your business, your user products, or any statement you make;
  • Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Websites Content, user website, the account of another user(s), or any other systems or networks connected to the Websites Content, by hacking, password mining, or other illegitimate or prohibited means;
  • Probe, scan, or test the vulnerability of the Websites Content or any network connected to the Websites;
  • Upload to the Websites Content and/or user web site or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component of Solargis;
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the systems or networks used by Solargis for the Websites operation and/or connected to the Websites, or otherwise interfere with or disrupt the operation of any of the Websites Content, or the servers, clouds or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  • Sell, license, or exploit for any commercial or other purposes any use of or access to Websites Content, except as expressly permitted by Solargis or by these Website Terms of Use; and not to remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [®] contained in or accompanying the Solargis services and/or Websites Content; or
  • Violate, attempt to violate, or otherwise fail to comply with any of the Solargis terms or any laws or requirements applicable to your use of the Websites Content,
  • Use of any Solargis logo on third party’s websites, or elsewhere without express written permission from Solargis.

By simply browsing our Websites no contractual relationship arises. Visitors can get into legal relationship with us just in case of failure to meet the Fundamental Rules of these Website Terms of Use or the terms and conditions applicable on Free Services as specified in Section 2.5 hereinbelow.

The Customers are granted a limited and revocable right to create a hyperlink to the Home Page as long as the link does not portray Solargis and its Services in a false, misleading, derogatory, or otherwise offensive matter.

2.4 Use of Services

Any use of the Service by any user, whether it is the Visitor, Registered User or the Customer must strictly respect these Website Terms of Use as well any terms and conditions displayed upon accessing, buying or downloading Services (in particular GST in case of online purchase of the Services or terms and conditions contained in the Offer).

2.5 Free Services

Any user eligible for use of Free Services acknowledges that it obtains the right to use the chosen Free Services only for learning about the functionality of the chosen type of Free Services, and no right, title or interest in or to any copyrights, trademarks, or other proprietary rights relating to the Free Services thereof is transferred from Solargis to the user. Some of the Free Services might be available only for the Customers or Registered Users.

Any use of Free Services is additionally governed by the terms displayed:

(i) directly on the Home Page (e.g. in the section Resources/Free maps and GIS data https://solargis.com/maps-and-gis-data/overview and these Free Services fall under the Creative Commons Attribution licence (more details on the Websites), or

(ii) within the process of free trial or beta testing registration and the Registered User/Customer must accept them as a condition to benefit from the free trial or beta testing. 

SOLARGIS MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH ANY OF THE FREE SERVICES. WITHOUT LIMITING THE FOREGOING, SOLARGIS IS PROVIDING THE FREE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SOLARGIS DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF FREE SERVICES OR THEIR PERFORMANCE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, SOLARGIS DOES NOT WARRANT THAT THE FREE SERVICES WILL MEET YOUR EXPECTATIONS, BE SECURE, ACCURATE, ERROR-FREE, OR OPERATE ON AN UNINTERRUPTED BASIS. WITHOUT LIMITING THE FOREGOING, SOLARGIS WILL NOT BE LIABLE FOR ANY PROBLEMS WITH THE FREE SERVICES ATTRIBUTABLE TO THE INTERNET, FORCE MAJEURE OR  USER’S NETWORK, DEVICE,  SYSTEM AND SIMILAR, OR USER´S CONTENT.

Solargis may change, suspend or terminate any of the Free Services (or any features thereof) at any time and in any manner with or without notice to the user, and whenever the user of Free Services acts in the contrary to these Website Terms of Use.

3. REGISTRATION AND CUSTOMER ACCOUNT RULES

3.1 User Account Registration

Any potential Registered User or Customer interested in the Services has to first create the online registration (hereinafter as “User Account”) and such individual becomes Registered User.

User Account registration is a pre-condition for:

a) Customer Account creation or joining the Customer Account by invitation (see 3.2 below) , and/or 
b) use of some of the Free Services.

Registered User agrees to notify Solargis immediately if there is any unauthorized use of the User Account or any other security breach. Solargis will not be responsible for any losses Registered User may incur if someone else uses the User Account credentials, with or without Registered User´s knowledge. However, Registered User may be held liable for losses incurred by Solargis due to unauthorized use of the User Account or the credentials.

3.2 Customer Account

Creation

Business entity wishing to purchase the Services shall create a Customer account (hereinafter as “Customer Account”). The Customer Account is always created by an individual having authorisation to act in the name of the Customer (hereinafter as “Authorized Person”). The Authorized Person must submit the obligatory information in order to create the Customer Account and such individual becomes the first administrator of the Customer receiving the Customer Account credentials. Each Customer Account holds unique identification number.

Only the Customer through the first administrator or through other administrators, i.e. individuals obtaining the entitlement from the first administrator (hereinafter any and all these individuals  as “Administrator”) can purchase the Services. Each of the Administrators has or gets its own credentials. Any of the Administrators has to be the Customer’s Authorized Person, who can manage the Customer Account, including managing (e.g. appointing, deleting, substituting) the role of the Administrator. Each Customer must have appointed and must keep at least one Administrator at all times.

Customer´s contractual relationship with Solargis is consisting of these Website Terms of Use, GST and any other specific terms or license applicable on a particular Services as described in or being part of GST or the Offer, and Customer will be responsible for any breach of such terms or license, notwithstanding which particular Administrator or the person, who derived its acting under the Customer from Administrator, was actually in failure. This would apply also in case any person will act in the name of the Customer by misusing the login credentials which must be kept confidential.

Each Customer shall have only one Customer Account. A person attempting to create a duplicate Customer Account will always be notified by Solargis, and the conflict will be resolved. 

Authorisations of the Administrator/s

In particular the Administrator is allowed:

i) To make changes to the editable entry data in the Customer Account,
ii) To make orders in the name and on the account of Customer,
iii) To invite Registered Users belonging to the same entity of the Customer in order to enable them to work and actively exploit the activated Services,
iv) To delegate or share its powers with other Administrators.

Customer Account Users

In order to benefit from the Customer Account, any invited Registered User or additional Administrator must accept the invitation. After such acceptance the invited person will be linked to the Customer Account of the Customer based on its own entry credentials.

 The Administrator is only allowed to invite to the Customer Account such Registered Users who are contractually employed by the Customer or are the statutory bodies of the Customer or acting on behalf of the Customer based on the authorization (“Customer Account Users”). 

Customer is not allowed, under any circumstances, to appoint as Customer Account User any third party, without prior written permission received from Solargis.

3.3 Further Account Rules

Customer is solely and fully responsible for all activities that occur under the Customer Account of the Customer. Customer is also fully responsible for ensuring that the Administrators and Customer Account Users keep their log-in credentials confidential. Customer is further fully liable for providing accurate and complete information when creating Customer Account.

Customer agrees to notify Solargis immediately if there is any unauthorized use of the Customer Account or any other security breach. Solargis will not be responsible for any losses Customer may incur if someone else uses the credentials or the Customer Account, with or without Customer´s knowledge. However, Customer may be held liable for losses incurred by Solargis due to unauthorized use of the  Customer Account or the credentials.

Any Registered User or Customer Account Administrator must observe the following rules:

a) You always provide accurate information when you create Customer Account or User Account.

b) You are responsible for safeguarding the log-in credentials and for all activities that occur under your User Account or Customer Account. You should notify us immediately if you become aware of any breach of security or unauthorized use of your User Account or Customer Account.

c) You may not disassemble, decompile, or reverse engineer the Customer Account and/or User Account or attempt or assist anyone else to do so.

d) User Account or Customer Account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted.

e) You may not use any of the accounts created with Solargis for any illegal or unauthorized purpose.

3.4 Technical Support

In case of technical issues it may be necessary for Solargis to access your User Account or Customer Account and content thereof in order to diagnose a problem. When you contact our support team, it is implied that you are allowing us to access your account if necessary, in order to diagnose the issue and find the solution.

3.5 Modification and Cancellation of Accounts

Violation of these Website Terms of Use may, in our sole discretion, result in termination of your User Account and/or Customer Account. 

Notwithstanding the foregoing, Solargis may change, suspend or terminate User Account and/or Customer Account at any time and in any manner provided the Customer or any person creating the Customer Account, or Customer Account Users, Registered Users or Visitors act in the contrary to these Website Terms of Use or GST, if applicable. Such changes may become effective upon notice to any of current Administrators (and in any event, not in a retroactive manner – except as required otherwise by law or induced by circumstances).

If the User Account or Customer Account are cancelled, whether at Registered User´ or Customer´s request or following Registered User´ or Customer´s breach of any and all applicable terms and conditions, content in your account shall no longer be accessible, which may cause or result in the loss of certain data, features, or capacity of such Account (“Capacity Loss”). Solargis shall not be liable in any way for such Capacity Loss, or for saving a backup of such User Account or Customer Account, user content or third-party data. Please note that additional fees may apply to re-activation of User Account or Customer Account and/or any Services following their cancellation, as determined by Solargis in its sole discretion.

4. FINAL PROVISIONS

4.1 Disclaimer and Indemnity

The Websites and the Websites Content are provided “AS IS”. Solargis provides no warranties of any kind, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose.

You agree to defend, indemnify, and hold harmless Solargis, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from the violation of any term of these Website Terms of Use, Privacy Policy and applicable law.

Please see Section 2.5 hereinabove for disclaimer of Solargis´ warranty with respect to Free Services and with respect to paid Service please see our GST.

4.2 Governing Law & Jurisdiction

The Website Terms of Use are governed by Slovak law, fully harmonised within EU law, without reference to its conflicts of law principles.

Any and all claims and disputes related to or resulting from these Website Terms of Use shall be brought in, and you hereby consent to them being decided exclusively by the International Court of Arbitration of ICC in Paris, France by one arbitrator appointed in accordance with ICC´s procedural rules. The language of the proceeding shall be English.

4.3 Modifications of these Website Terms of Use

We may update these Website Terms of Use from time to time if required by the applicable law or to reflect changes in our Services or how we do business. We reserve the right to make the changes for formal or administrative reasons not affecting your rights and obligations hereunder without notifying you. Please regularly check these Website Terms of Use which are posted on the website: https://solargis.com/legal to ensure you are aware of the most updated version. In case of material or substantial changes we shall provide our Customers and Registered Users with reasonable advance notice before the updated Website Terms of Use become effective. You agree that your use of the Services or the Websites after the effective date of the updated version of the Website Terms of Use constitutes your agreement to such updated terms.

4.4 Personal data

Any personal data provided on the basis of the Website Terms of Use shall be processed only for the purposes of the Website Terms of Use and in accordance with applicable laws and regulations on personal data protection (EU General Data Protection Regulation). Solargis' general privacy policy is available at https://solargis.com/legal/privacy-policy.

***

The valid version of Website Terms of Use is always available at: 
https://solargis.com/legal/website-terms-of-use

These Website Terms of Use are applicable starting 21 February 2025

Revision 5

 

[1] Except solely those individual data that were imported from publicly available databases or paid databases of other entities, e.g. ECMWF, DWD, NOAA, NASA, or BOOM.