Fronius Solar.web Query API Terms and Conditions [EN]

SOLAR.WEB API TERMS OF USE
and API SERVICE LEVEL CONDITIONS
(SOLAR.WEB API TERMS OF USE)
(Version 1.0, valid from 19-05-2021)
The Fronius company specified for the country in which the Contract Partner or user is domiciled (“Fronius”) as defined in Appendix 1 is the Contracting Party for the use of the Fronius SOLAR.WEB API by the Contract Partner or user (individually or jointly referred to as the Contract Partner”), where the
Contract Partner and Fronius are individually or jointly referred to as the “Contracting Parties” in these
SOLAR.WEB API Terms of Use.
1. FRONIUS SOLAR.WEB API AND SCOPE OF THESE SOLAR.WEB API TERMS OF USE
1.1. Fronius is a global company active in the fields of welding technology, photovoltaics, and battery
charging technology and has developed an application programming interface (hereinafter “API”) for its inverters (hereinafter “Fronius products”) which allows monitoring of the energy flow and energy
balance and retrieval of energy-related inverter data.
1.2. The Contract Partner guarantees that it is an entrepreneur as defined by consumer protection law and, following the conclusion of an agreement with Fronius based on these SOLAR.WEB API Terms of Use (the Fronius order forms refer to these SOLAR.WEB API Terms of Use) on the API, shall receive access to data, which a Fronius product collects, in order to use these data or make them available to its customer. If personal data of the Contract Partner’s customer are processed and the Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data (hereinafter GDPR) applies, Fronius shall act as a processor for the Contract Partner (as defined by Art. 28 of the GDPR) and the Contract Partner assures Fronius that it is entitled to
process the data of the Contract Partner’s customer (in particular pursuant to Art. 5 et seq. of the
GDPR). See the additional data protection regulations in Point 7.
1.3. By ordering or using the Fronius SOLAR.WEB API, the Contract Partner recognizes (and guarantees that the users are committed to complying with the SOLAR.WEB API Terms of Use) the exclusive validity of these SOLAR.WEB API Terms of Use. The Contract Partner’s general terms and conditions or similar, which differ from these Terms of Use, do not apply.
2. (ADDITIONAL) DEFINITIONS
2.1. “API" means the Fronius interface.
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“Data protection regulations” means any legal standard currently in force which serves to
protect natural persons with regard to the processing of personal data and to which a Contracting Party is subject.
“Data” means the data made available to the Contract Partner by
Fronius via the API.
3. LICENSE
3.1. Fronius grants the Contract Partner, and the Contract Partner accepts, a non-exclusive, global, non-
transferable, non-sub-licensable license to use the API during the term of this Agreement.
3.2. In addition, Fronius grants the Contract Partner, and the Contract Partner accepts, a worldwide, non-exclusive, irrevocable, non-sub-licensable, and non-transferable license to process the data.
4. OBLIGATIONS OF FRONIUS
4.1. The Contract Partner accepts the conditions defined in the interface documentation and shall
maintain its system in line with these specifications. The interface documentation can be accessed at
https://www.fronius.com/~/downloads/Solar%20Energy/User%20Information/SE_UI_API_Interfac eDocumentation_EN.pdf. Fronius is authorized to make technical changes to the specifications, if
such changes are necessary for good cause, particularly due to new technical developments, changes to the legal situation, or other equivalent reasons. However, such changes have no impact on the payment obligations as defined in Point 5. Fronius is also otherwise entitled to modify the services and specifications and shall notify the Contract Partner of such changes as soon as possible, in which case any changes that represent a material disadvantage for the Contract Partner shall entitle the Contract Partner to a special right of termination at the time of the change. Further claims are excluded.
4.2. After successful connection to the API, Fronius shall disclose the data via the API or transmit the data in compliance with the service levels defined in Appendix 2.
4.3. Fronius shall endeavor to notify the Contract Partner (if possible) four weeks in advance if new releases, updates, upgrades, bug fixes, or patches are produced in relation to the API that could have an effect on the services offered.
4.4. Fronius shall endeavor to send the Contract Partner notification containing documentation as soon as possible if any urgent bug fixes or patches have to be implemented in connection with the API.
4.5. Fronius shall endeavor not to restrict, block, limit, or hinder use of the API, provided the Contract Partner does not make excessive use of the API. If Fronius restricts, blocks, limits, or hinders use
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of the API for maintenance purposes or due to other technical requirements, Fronius is obliged to communicate this within 14 days, stating the reasons.
5. REMUNERATION AND API TEST CUSTOMERS
5.1. In return for fulfilling its obligations, the Contract Partner shall pay Fronius the fee agreed in the
Fronius order form in accordance with the terms of payment agreed in the form based on the data plan.
5.2. Fronius is entitled to update the price list as defined in the order form in line with changing market conditions no more than once a year if there are significant changes in procurement costs or changes in sales tax, exchange rate fluctuations, or procurement prices. The Contract Partner will be notified of changes at least one month in advance in written or electronic form.
5.3. Unless otherwise agreed, payments are due 30 days after receipt of the invoice without any deduction. In the event of default in payment (including default for which the Contract Partner is not responsible), Fronius is entitled to charge default interest equal to ten percentage points above the applicable base rate announced by the Austrian National Bank, but at least 12% per annum. Furthermore, Fronius may also assert claims for other damages incurred for which the Contract Partner is responsible, in particular the necessary costs for appropriate extra-judicial debt collection measures, provided that these are proportionate to the receivable being collected.
5.4. No payment obligation exists for Contract Partners who have been expressly approved as “API test customers” by Fronius.
6. CONFIDENTIALITY
6.1. The Contracting Parties shall treat the contents of this contract, together with its appendices, and
all data received during the execution of the contract, as well as information, documents, and business and trade secrets of which they become aware in relation to the other Contracting Party in connection with the fulfillment of the contract, as confidential and shall not disclose it to any third parties, with the exception of affiliated companies (parent companies and subsidiaries) and persons who are subject to professional secrecy, unless statutory disclosure requirements exist or the information needs to be disclosed to execute this contract. This confidentiality obligation does not apply in relation to the system data that is made available to be provided to the relevant system operator.
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