Website Terms of Use

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/or solargis.info and apps.solargis.com (hereinafter the “Apps Page”), where you can find our online applications offering different tools and functionality concerning solar and meteorological data and services (hereinafter the “Application/s”) as well as downloadable standalone software tools (hereinafter as “Software”). For more information please see the link (https://solargis.com/). Both the Home Page and Apps Page are hereinafter together referred to as the “Websites”.

The Websites are operated, and services as defined hereinafter are provided by Solargis s.r.o., a company incorporated under the Law 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”); read more about our company online (https://solargis.com/about-us/).

Solargis operates in B2B business, and our business counterparties are exclusively registered commercial enterprises - legal entities running business, physical persons entrepreneurs and non-commercial institutions (hereinafter as “Business Entities”).

These Website Terms of Use shall govern everyone’s use of our Websites in general and the services offered for free on the Websites (hereinafter the ”Fundamental Rules“), the registration necessary for accessing the free trials, and customer account creation necessary for accessing 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.

On our Home Page you can find a whole range of general information about our company, our activities and services we offer. We invite you to visit the Resources section and find valuable information material (books, articles, conference contributions) dealing with technical aspects of solar and photovoltaic modelling or to open our newsletters. We would be pleased if you choose to meet us at any our upcoming events which are announced from time to time on our Websites. Most importantly, you can navigate from the Home page to our Applications (Apps Page), which are designed to meet the needs of your business.

1.2        Overview of Solargis services

We offer the following services on or through our Websites:

• Free online services, such as free maps, data sets and GIS data for the download,
• Free trials of Applications (”Apps Free Trial“) or free trial of Software (“SW Free Trial”),
• Paid access to Applications through which you can also acquire paid Solargis® data and various paid services,
• Paid version of Software offered on the Websites,
• Solargis® solar, meteorological and/or other related data (hereinafter as “Data”),
• Other commercial services, such as consultancy services or additional data or data delivery services, offered on the Websites;

(all free services under point (i) and (ii) hereinafter as “Free Services”, and all paid services under points (iii) to (vi) offered on Websites hereinafter as ”Paid Services“).

Free Services and Paid Services together mean “Services“. Home Page and Apps Page provide directions which of Services are offered as Free Services.

Anybody can browse and try our Websites free of any charges, subject to observation of Fundamental Rules (hereinafter as ”Visitors“). For most of the Free Services 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”). 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 whether online or based on acceptance of Solargis business offer (hereinafter as the “Customer”).

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

YOU (Visitors, Registered Users or Customers) 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, the Software, Solargis® unique databases containing the Data, Solargis web design and other databases, 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, 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 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® databases, 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 the 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.

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. The Customers may not use any Solargis logo on Websites without express written permission from Solargis.

2.4        Use of Services

Any use of Service by any user, whether it is the Visitor, Registered User or the Customer (hereinafter as “User”) 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 Paid Services and/or any special terms governing particular Deliverables or Services).

Fair use policy could also apply for some Services in order to prevent any unfair use of Services and to create stable environment for any and all Users.

2.5        Free Services

Any User acknowledges that it obtains only the right to use the Free Services and Data within these Free Services 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 and/or Data 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 under the Section 1.2 (i) hereinabove is additionally governed by terms displayed on the Home Page in the section Resources/Free maps and GIS data https://solargis.com/maps-and-gis-data/overview. These Free Services fall under the Creative Commons Attribution licence (more details on the Websites).

Free Services under the Section 1.2 (ii) are offered in the form of Apps Free Trial or SW Free Trial if available. Additional Apps Free Trial terms of use appear within the process of Apps Free Trial registration and the User must accept those as a condition to benefit from the Apps Free Trial. Likewise, the license conditions of SW Free Trial will apply on any use of SW Free Trial (hereinafter as “Trial License”) if available. The Trial License appears within the process of chosen Software´s request for free trial and must be accepted before any start of any SW Free Trial.

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, WARRANTIES AND CONDITIONS, 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 OR BE SECURE, ACCURATE, ERROR-FREE, OR OPERATE ON AN UNINTERRUPTED BASIS OR IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE OR SYSTEM. WITHOUT LIMITING THE FOREGOING, SOLARGIS WILL NOT BE LIABLE FOR ANY PROBLEMS WITH THE FREE SERVICES ATTRIBUTABLE TO THE INTERNET, FORCE MAJEURE OR ANY USER’S NETWORK OR ABILITY TO ACCESS THE INTERNET.

3. REGISTRATION AND CUSTOMER ACCOUNT RULES

3.1        User Account Registration

Any potential user from business or academic environment interested in the Services has to fill in the online user account registration form on Apps Page (hereinafter as “User Account”) and such person becomes Registered User.

User Account registration is a pre-condition for:

1. use of Free Services under the Section 1.2 (ii), and/or
2. Customer Account creation or for joining the Customer Account (see 3.3 below) in case of Paid Services.

3.2        Entitlements and legal responsibility of the Registered User

The Registered User is eligible to get some of the Free Services for the use of which the User Account  is required.

By using the Free Services by Registered User, this Registered User must respect the Fundamental Rules when using the Free Services as well as additional terms applicable in case of chosen Free Services (see Section 2.4 of these Website Terms of Use) which constitute inseparable part of these Website Terms of Use. Such Registered User becomes liable for breach of these Website Terms of Use when using the Free Services contrary to these Website Terms of Use.

Solargis may change, suspend or terminate any of the Services (or any features thereof) at any time and in any manner provided the Registered User acts in the contrary to these Website Terms of Use. Such changes may become effective upon notice to the Registered User (and in any event, not in a retroactive manner – except as required otherwise by law or induced by circumstances).

3.3 Customer Account creation

Business Entity wishing to order Paid Services shall create a Customer account (hereinafter as “Customer Account”) which will enable the Customer to buy Paid Services, to try Free Services and to do other specific available operation, as the case may be. The Customer Account is always created by an individual having authorisation to act in the name of the Customer (hereinafter as “Authorized Person”) and such individual becomes the first administrator of the Customer and gets its entry credentials. 

Only the Customer through the first administrator or through other administrators, i.e. persons obtaining the entitlement from the first administrator (hereinafter any and all these persons to as “Administrator”) can order the Paid 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. Please note, 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 GST, and Customer will be responsible for any breach of such terms or license, notwithstanding which concrete 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.

Solargis strictly assumes that the Customer and the payer are identical persons and that any appointed Administrator is entitled to act in the name and on the account of the Customer. The invoices, sent by
e-mail to the Administrator ordering the Paid Services, are issued in the name of the Customer.

Entries

Each time the Business Entity wishes to establish a Customer Account, the Authorized Person must fill-in the requested form. The obligatory items include business name, seat, VAT number (if applicable), name and e-mail of the Authorized Person and possibly other information, as the case may be. Creation of the Customer Account is confirmed by allocation of unique identification number for each new Customer by Solargis.

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:

1. To make changes to the editable entry data in the Customer Account,
2. To make orders in the name and on the account of Customer,
3. To Invite Registered Users belonging to the same Business Entity to the Customer Account in order to enable them to work and actively exploit the purchased Paid Services,
4. To delegate or share its powers with other Administrators.

Any of above mentioned operations and/or acts of Administrators might be subject to certain payment to be made by Customer, which would be always displayed on the respective web page of Solargis whenever applicable. Without the respective payment such operation shall then not be allowed.

It is strictly forbidden to appoint an Administrator who is not authorized to act on behalf of the Customer. Purchase of Paid Services and/or any paid extensions as well as request for Free Services available only for Customers (as the case may be) can be made only by Administrator. Each of the Administrators must have entitlement to act in the name and into account of the Customer.

Customer Account

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, whether or not he gathers the same data for its own purposes, own projects, for independent data processing, tendering or any other specific business use (“External Staff”).

3.4        Further Customer 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 the log-in credentials allowing to be assigned to the Customer Account confidential.

Solargis assumes that the Administrator/s and Customer Account Users have provided and would always provide Solargis with accurate and complete information when making User Account, accepting the invitation to Customer Account, or creating the Customer Account.

We ask any individual working under the Customer Account to inform us immediately in the future if he/she has any reason to believe that his/her log-in credentials have become known to anyone else, or if the created User Account or Customer Account is being, or is likely to be, used in an unauthorized manner. This includes also the invitation of unauthorized entities to the Customer Account.

If any individual has provided unclear or misleading Information when creating the User Account and/or the Customer Account we reserve the right to take a proper approach or make corrections, based on our reasonable judgment.

Any Registered User or Customer Account Administrator should carefully read also the following rules:

1. You must always provide accurate information when you create Customer Account or User Account.
2. 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.
3. You may not disassemble, decompile, or reverse engineer the Customer Account and/or User Account or attempt or assist anyone else to do so.
4. User Account or Customer Account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted.
5. You may not use any of the accounts with Solargis for any illegal or unauthorized purpose.

We ask the Customers to particularly follow also these further Customer Account Rules and consider adapting the Customer´s practices accordingly, to ensure that what we believe to be “the Customer´s entitlement” under the Customer Account remains as such:

1. Any legal act initiated by any Administrator within the Customer Account is to be made in the name and on to account of the Customer;
2. If any Paid Services were provided in relation to the Customer Account, the Customer only shall be considered as the contractual party of Solargis and any payment made to Solargis will be considered as made by the Customer just as it is mentioned in the invoice.

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.

Modification and Cancellation

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 any of the Services (or any features thereof, or prices applicable thereto) 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. 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 and/or any of Services related to that account are cancelled, whether at User or Customer´s request or following 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. For disclaimer of Solargis´ warranty with respect to Free Services please see Section 2.5 hereinabove and with respect to Paid Service please see our GST.

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.

4.2        Governing Law & Jurisdiction

The rights and remedies resulting from these Website Terms of Use, and any and all claims and disputes related hereto and/or to the Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to these Website Terms of Use, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the substantive laws of the Slovak Republic, fully harmonised within EU law and without respect to its conflict of laws principles.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by the International Court of Arbitration of ICC in Vienna, Austria 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.

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

To get in touch with our Customer Service - please use any of the options listed below:

• Send an email message to contact@solargis.com
• Contact us by phone: (SK Number) +421 2 4319 1708 during business hours
  (Monday - Friday, between 9AM and 6PM CET)

You can visit us or send a letter by post to the address:

Solargis s.r.o., Bottova 2A, 811 09 Bratislava, Slovakia

These Website Terms of Use were last revised and are applicable starting 1st June 2023

Revision 4

^[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.