The service "EnecsysOutput" is offered over the internet in the form of Software-as-a-Service by the company S&Mann. The use of EnecsysOutput is subject to the below terms and conditions. Using EnecsysOutput constitutes acceptance of these terms and conditions.

Deviations from these terms and conditions is possible only by means of written confirmation by S&Mann.

Article 1. Use of the service

1.1 The service EnecsysOutput allows you to monitor the energy output of your solar panels through the use of one or more inverters and a gateway of the brand Enecsys.

1.2 To use EnecsysOutput, you first need to register. After completing registration, you can directly log into your account and use the service.

1.3 You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. S&Mann may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified S&Mann that someone else knows your password.

1.4 EnecsysOutput allows you to process personal data. S&Mann acts as a processor as that term is defined in the Dutch Data Protection Act; you are the controller. You indemnify and hold harmless S&Mann against all claims by third parties in connection with this Act.

Article 2. Availability and maintenance

2.1 S&Mann uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.

2.2 S&Mann actively maintains EnecsysOutput. In case maintenance is reasonably expected to negatively impact availability, S&Mann carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.

2.3 S&Mann may from time to time adapt EnecsysOutput. Your feedback and suggestions are welcome but ultimately S&Mann decides which adaptations to carry out (or not).

Article 3. Intellectual property

3.1 The service EnecsysOutput, the accompanying software as well as all information and images on the website is the intellectual property of S&Mann. None of these items may be copied or used without prior written permission of S&Mann, except and to the extent permitted by mandatory law.

3.2 Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). S&Mann receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.

3.3 If you send information to S&Mann, for example a bug report or suggestion for improvement, you grant S&Mann a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.

3.4 S&Mann shall refrain from accessing data you store or transfer using EnecsysOutput, unless this is necessary for a good provision of the service or S&Mann is forced to do so by law or order of competent authority. In these cases S&Mann shall use its best efforts to limit access to the information as much as possible.

Article 4. Compensation for the service

4.1 The use of EnecsysOutput is subject to a fee which is due every year. The fee must be paid in advance.

4.2 Payment is possible as explained further on the website.

4.3 Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

Article 5. Limitation of liability

5.1 Except in case of intentional misconduct or gross negligence the liability of S&Mann shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.

5.2 S&Mann is not liable for any damage resulting from configuration of the gateway based on the instructions that are made available through S&Mann’s website or any other way.

5.3 S&Mann uses its best efforts to monitor the output of your solar panels as accurately as possible. S&Mann is however, not liable for any difference between the actual output of the solar panels and the output calculated through the use of EnecsysOutput. S&Mann in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.

5.4 Damages may only be claimed if reported in writing to S&Mann at most two months after discovery.

5.5 In case of force majeure S&Mann is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 6. Term and termination

6.1 This agreement enters into force as soon as you first use the service and then remains in force for a year.

6.2 After this period the agreement is silently renewed with successive terms of the same period. If you entered into this agreement as a consumer, you may after the first silent renewal terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement by the end of the term indicated in the previous clause with a notice period of two months.

6.3 Please note: it is not possible to export data you store or process using the service.

Article 7. Changes to terms

7.1 S&Mann may change or add to these terms and conditions as well as any prices at the start of a new payment period (as defined in 4.1).

7.2 S&Mann shall announce through the service changes or additions at least thirty days before their taking effect.

7.3 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of EnecsysOutput after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 8. Miscellaneous provisions

8.1 Dutch law applies to this agreement.

8.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with EnecsysOutput shall be brought before the competent Dutch court for the principal place of business of S&Mann.

8.3 For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the EnecsysOutput service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

8.4 The version of any communication of information as recorded by S&Mann shall be deemed to be authentic, unless you supply proof to the contrary.

8.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

8.6 S&Mann is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of EnecsysOutput or the associated business activities.

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Through its online service EnecsysOutput, S&Mann will process privacy-sensitive or personal data. S&Mann values the privacy of its customers and observes due care in processing and protecting personal data.

During the processing we stick to the requirements of the Dutch "Wet bescherming persoonsgegevens" (Wbp). This means we:

- Clearly specify our purposes before we process personal data, by using this Privacy Statement;
- Limit our collection of personal data to only the personal data needed for legitimate purposes;
- First ask for explicit permission to process your personal data in cases where your permission is required;
- Take appropriate security measures to protect your personal data and we demand the same from parties who process personal data on our behalf;
- Respect your right to inspect, correct or delete your personal data held by us.

S&Mann is the party responsible for all data processing. In this privacy statement, we will explain which personal data we collect and for which purposes. We recommend that you read it carefully.

This privacy statement was last amended on 01-07-2016.

Use of Personal Data

By using our service, you are providing certain data to us. This could be personal data. We only retain and use the personal data provided directly by you or for which it is clear that it has been supplied to us to be processed.

We use the following data for the purposes as mentioned in this Privacy Statement:

- Email address
- Payment details
- Nickname
- IP-address

Registration

Certain features of our service require you to register beforehand. After your registration we will retain your user name and the personal data you provided. We will retain this data so that you do not have to re-enter it every time you visit our website, to contact you in connection with the execution of the agreement, invoicing and payment, and to provide an overview of the products and services you have purchased from us.

We will not provide the data linked to your user name to third parties, unless it is necessary for the execution of the agreement you concluded with us or if this is required by law. In the event of suspicion of fraud or misuse of our website we may hand over personal data to the entitled authorities.

Access to portal

Within our portal, you can access a management environment where you can set, specify and change settings.

Subscription

Via EnecsysOutput you can take out a paid subscription.

Promotion

We can inform you about our (new) products or services:

- by e-mail
- via social media

Contact Form

If you fill out a contact form on the website or send us an email, the data you provide will be retained for as long as is necessary depending on the nature of the form or the content of your email, to fully answer and correctly handle your message or email.

Location data

If necessary, we may collect your location data (GPS). If that is the case, you will be asked to grant consent beforehand.

This location data and other data can also be stored and processed by the provider of the navigation/mapping software, such as Google Maps, but the data could also be used by for example Google or Apple itself. We have no control over their actions. We recommend that you read the applicable privacy statement of the provider in question.

Providing Data to Third Parties

Your data are expressly not provided to third parties.

Our website features social media buttons. These buttons are used by the providers of these services to collect your personal data.

Google Analytics

We use Google Analytics to track visitors on our website and to get reports about how visitors use the website. We accepted the data processing agreement from Google. We don't allow Google to use information obtained by Analytics for other Google services, and we anonymize the IP-addresses.

Security

We take security measures to reduce misuse of and unauthorized access to personal data. We take the following measures in particular:

- Access to personal data requires the use of a user name and password
- We make use of secure connections (Secure Sockets Layer of SSL) to encrypt all information between you and our website when entering your personal data.

Third-party Websites

This statement is not applicable to third-party websites connected to this website through links. We cannot guarantee that these third parties will handle your personal data in a secure and careful manner. We recommend you read these websites’ privacy statements before making use of these websites.

Changes to this Privacy Statement

We reserve the right to modify this statement. We recommend that you review this statement regularly, so that you remain informed of any changes.

Inspection and Modification of your Data

You can always contact us if you have any questions regarding our privacy policy or wish to review, modify or delete your personal data.

contact@enecsysoutput.com

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